Legal Opinion

Tennant v. Kuhlemeier

Supreme Court of Iowa

Decided April 10, 1909PublishedCited by 16 opinions

Appeal from Des Moines Districl Court. — Hon. James D. Smytii, Judge. Action to remove the defendant, who is the county attorney of Des Moines County, from office. The trial court sustained a demurrer to the petition, and plaintiff appeals.

1Opinion of the CourtDeemer, J.

The action is brought under section 2446 of the Code, reading as follows: “It shall be the duty of the county attorney of each county to see that the provisions of this chapter relating to the mulct tax are enforced, and the district court or any judge thereof shall suspend or remove from office any county attorney who shall wilfully refuse or neglect to perform any such duty. Such suspension or removal may be made upon application of any citizen residing in the county, but shall not take place except upon due notice .to said officer and trial in court, and the provisions of this section…

2Cases cited3 opinions

  1. Hodge v. Muscatine CountySupreme Court of Iowa · 1903
  2. Bank of Pennsylvania v. CommonwealthSupreme Court of Pennsylvania · 1852
  3. Mason v. Township of CranburySupreme Court of New Jersey · 1902

3Cited by16 opinions

  1. Nick C. Rhoades v. State of IowaSupreme Court of Iowa · 2016
  2. State Ex Rel. Fletcher v. NaumannSupreme Court of Iowa · 1931
  3. Larson v. New England Telephone & Telegraph Co.Supreme Judicial Court of Maine · 1945
  4. Willis v. City of Des MoinesSupreme Court of Iowa · 1984
  5. City of Des Moines v. District Court of Polk CountySupreme Court of Iowa · 1950

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