Windsor v. Polk County
Supreme Court of Iowa
Appeal from Pollc Dislrid Court. — Hon. Charles A. Bishop, Judge. At the general election of 1898 the following’ proposition was submitted to' and voted for by a majority of the electors of Pollc county: “Shall a new court house be erected in Des Moines, Iowa, to cost not exceeding $400,000, and shall the board of supervisors borrow money for the erection thereof, and issue bonds of Polk county for such indebtedness, and shall the board of supervisors, commencing with the…
Read the full summary
Appeal from Pollc Dislrid Court. — Hon. Charles A. Bishop, Judge. At the general election of 1898 the following’ proposition was submitted to' and voted for by a majority of the electors of Pollc county: “Shall a new court house be erected in Des Moines, Iowa, to cost not exceeding $400,000, and shall the board of supervisors borrow money for the erection thereof, and issue bonds of Polk county for such indebtedness, and shall the board of supervisors, commencing with the year 1899, and for a period not exceeding 20 years, levy, in addition to the usual taxes levied by them, an annual tax not…
1Opinion of the CourtLadd, J.
1 The plaintiff is an elector and taxpayer of Polk county. He signed the petition addressed to the board of supervisors asking that the question of the recission of the proposition for the erection of a court house, previously carried, be submitted to the voters. Had he such interest that he might prosecute this action in mandamus to compel the board to act on that petition? Mandamus is no longer to be regarded as a prerogative writ, but rather to be treated as one of right, to be demanded in a civil action. Brown v. Crego, 29 Iowa, 321. Some diversity of opinion exists with respect to the…
2Cases cited14 opinions
- Union Pacific Railroad v. HallSupreme Court of the United States · 1876
- State ex rel. Rice v. County JudgeSupreme Court of Iowa · 1858
- McLean v. FickeSupreme Court of Iowa · 1895
- Kimberly v. MorrisTexas Supreme Court · 1895
- Weeks v. SmithSupreme Judicial Court of Maine · 1889
9 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Good v. Common CouncilCalifornia Court of Appeal · 1907
- State ex rel. Journal Printing Co. v. DreyerMissouri Court of Appeals · 1914
- Hurd v. OdgaardSupreme Court of Iowa · 1980
- Claussen v. PerrySupreme Court of Iowa · 1956