Legal Opinion

State ex rel. Veile v. Funck

Supreme Court of Iowa

Decided December 5, 1864PublishedCited by 15 opinions

Appeal from Muscatine District Court. The relator and defendant were candidates for tbe office of mayor of the city of Muscatine, at an election held on tbe first Monday in March, 1864. It seems that the city council declared defendant elected, and that he accordingly qualified and entered upon the discharge of the duties of said office.

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Appeal from Muscatine District Court. The relator and defendant were candidates for tbe office of mayor of the city of Muscatine, at an election held on tbe first Monday in March, 1864. It seems that the city council declared defendant elected, and that he accordingly qualified and entered upon the discharge of the duties of said office. The relator filed an information under chapter 151 of the Revision, claiming that he received a majority of the legal votes cast at said election, and that defendant usurped the said office of mayor, and, as'against the said relator, was unlawfully exercising…

1Opinion of the Court

Weight, Ch. J.

Upon this record four questions are made: 1st. Did the court below err in holding that the power of the city council to judge of the election and qualification of one of its members, did not bar this proceeding ? 2d. Did the verdict warrant the judgment ? ■8d. Did the misconduct of the juror, Stevens, vitiate the verdict ? 4th. Did the evidence warrant the verdict ?

1. Elections: municipal: contest. I. The charter declares that the legislative authority of the city shall be vested in a city council, consisting of the mayor and a board of aldermen, composed of two from each ward;…

2Cases cited4 opinions

  1. Fromme v. JonesSupreme Court of Iowa · 1862
  2. Ex parte StrahlSupreme Court of Iowa · 1864
  3. Stewart v. EwbankSupreme Court of Iowa · 1856
  4. Stevens v. CampbellSupreme Court of Iowa · 1858

3Cited by15 opinions

  1. State v. CuevasSupreme Court of Iowa · 1980
  2. Reynolds v. State, ex rel. TitusIndiana Supreme Court · 1878
  3. Snowball v. People ex rel. GrupeIllinois Supreme Court · 1893
  4. Buckman v. State ex rel. SpencerSupreme Court of Florida · 1894
  5. Linegar v. RittenhouseIllinois Supreme Court · 1879

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