Iowa City v. Foster
Supreme Court of Iowa
Appeal from Johnson District Court. This action is brought against Silas Foster and eleven others, his sureties, on his official bond, as treasurer of Iowa City. The breach alleged is the not accounting for moneys which came into his hands as such treasurer.
Read the full summary
Appeal from Johnson District Court. This action is brought against Silas Foster and eleven others, his sureties, on his official bond, as treasurer of Iowa City. The breach alleged is the not accounting for moneys which came into his hands as such treasurer. A statement of facts is agreed upon, from which the following appears: Foster was elected treasurer at the April election, A. D. 1857. The charter of the city (Acts of 1853, page 102 section 16,) enacted that the treasurer, recorder, &c., should give such bond, and perform such duties as might be required of them by ordinance. By section…
1Opinion of the CourtWoodward, J.
The principal question presented in the foregoing facts, is whether the council of Iowa City had the authority, the legal power, to change the compensation of the treasurer of that corporation, during the term of office for which he had been elected. The answer to this question depends upon another, which is, whether he is a public officer, or an officer of a public corporation, or whether lie is the officer of a private corporation. That a town or city is a public corporation, there can be no doubt. Nor can there be any that tho office and the compensation of such officers are subject to the…
2Cases cited2 opinions
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Warner v. People ex rel. ConnerNew York Supreme Court · 1845
3Cited by3 opinions
- Pyle v. Hand CountySouth Dakota Supreme Court · 1890
- McFall v. City of AustinCourt of Appeals of Texas · 1883
- Kellogg v. Story CountySupreme Court of Iowa · 1934