Rafferty v. Town Council
Supreme Court of Iowa
Appeal from Fayette District Court. — A. N. Hobson, Judge. Ti-ie incorporated town of Clermont asserts that it has annexed to its territory certain lands owned by plaintiffs. The plaintiffs challenge the legality of this annexation. On their petition, the district court issued a writ of certiorari to review the legality of the proceedings. Upon hearing, it annulled the writ, and plaintiffs appeal. —
1Opinion of the CourtSalinger, J.
l. elections: ordering, calling and notice: mentsmiulie' I. On the authority of Moore v. City Council of Perry, 119 Iowa 423, and some of our later decisions in school district cases, it is settled that, unlike statute requirements which are safeguards against the loss of substantial rights of the public, statutes are not mandatory which are mere directions as to method in the formal steps preparatory to an election at which there is the right and opportunity to accept or reject what such formalities present for action. That a proposition upon which the people have the final word does not…
2Cases cited15 opinions
- United States v. EatonSupreme Court of the United States · 1898
- Erhardt v. SchroederSupreme Court of the United States · 1894
- People Ex Rel. Loew v. BatchelorNew York Court of Appeals · 1860
- Heins v. LincolnSupreme Court of Iowa · 1897
- Moore v. City Council of PerrySupreme Court of Iowa · 1903
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3Cited by14 opinions
- Pierce v. GreenSupreme Court of Iowa · 1940
- State v. Central States Electric Co.Supreme Court of Iowa · 1947
- Consolidated School District of Glidden v. GriffinSupreme Court of Iowa · 1925
- Ney v. Eastern Iowa Telephone Co.Supreme Court of Iowa · 1919
- Steeves v. New MarketSupreme Court of Iowa · 1938
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