Story County v. Hansen
Supreme Court of Iowa
Appeal from Story District Court. — R. M. Wrigi-it, Judge. The dispute is whether the allowance to the county attorney of 10 per cent of the fine' collected, which is authorized by Section 2429 of the Code, “in all actions in equity against persons charged with keeping a nuisance, and to abate the same, ’ ’ is also authorized where the abatement of the nuisance follows as an incident to a conviction for maintaining a nuisance.
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Appeal from Story District Court. — R. M. Wrigi-it, Judge. The dispute is whether the allowance to the county attorney of 10 per cent of the fine' collected, which is authorized by Section 2429 of the Code, “in all actions in equity against persons charged with keeping a nuisance, and to abate the same, ’ ’ is also authorized where the abatement of the nuisance follows as an incident to a conviction for maintaining a nuisance. Appellant asserts that the statute is broad enough to fix'that percentage, though the abatement be not obtained in an action in equity; while the appellee contends…
1Opinion of the Court
Salinger, J
The case may be determined by application of elementary rules of statute.construction:
l. statutes : eon-general prineipies. If the statute is unambiguous, it will be sustained, though ^ ^e unreasonable. If it be ambiguous, it is 1° be considered whether a given construction will make the statute do unreasonable things. Rheim v. Robbins, 20 Iowa 45.
If the proper occasion for construction arises, statutes on the same subject shall be considered with reference to each other. Rhode v. Bank, 52 Iowa 375. Specific provisions control general ones on the same subject. McBride v. Des Moines…
2Cases cited6 opinions
- McBride v. Des Moines City Railway Co.Supreme Court of Iowa · 1906
- Gunn v. Mahaska CountySupreme Court of Iowa · 1912
- Rheim v. RobbinsSupreme Court of Iowa · 1865
- Rhode v. BankSupreme Court of Iowa · 1879
- Lingelbach v. HobsonSupreme Court of Iowa · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Northwestern Bell Telephone Co. v. Hawkeye State Telephone Co.Supreme Court of Iowa · 1969
- Grant v. NorrisSupreme Court of Iowa · 1957
- Lewis Consolidated School District v. JohnstonSupreme Court of Iowa · 1964
- Wonder Life Company v. LiddySupreme Court of Iowa · 1973
- Fitzgerald v. StateSupreme Court of Iowa · 1935
2 more not listed; retrieve them via the Exa API.