Legal Opinion
Scott County v. Johnson
Supreme Court of Iowa
Decided December 14, 1928No. 38914PublishedCited by 17 opinions
1Opinion of the CourtEvans, J.
I. The avowed purpose of the suit is to challenge the constitutionality of the so-called Brookhart-Lovrien Act, Chapter 173, Acts of the Forty-first General Assembly. For the sake of brevity, the legislation thus assailed will be referred to as the Act.
We have no specific procedure for litigating such question in an abstract or declaratory sense. Such question may be litigated concretely by any litigant who shows an infringement of his vested rights by the operation of such alleged unconstitutional statute. Before he can be heard to challenge the constitutionality of the legislation, it is…
2Cases cited13 opinions
- City of Worcester v. Worcester Consolidated Street Railway Co.Supreme Court of the United States · 1905
- Board of Comm'rs of Tippecanoe Cty. v. LucasSupreme Court of the United States · 1876
- State ex rel. White v. BarkerSupreme Court of Iowa · 1902
- State ex rel. Bulkeley v. WilliamsSupreme Court of Connecticut · 1896
- Proprietors of Mount Hope Cemetery v. City of BostonMassachusetts Supreme Judicial Court · 1893
8 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Charles Hewitt & Sons Co. v. KellerSupreme Court of Iowa · 1937
- Bd. of Sup'rs of Linn Cty. v. Dept. of RevenueSupreme Court of Iowa · 1978
- Warren County v. Judges of the Fifth Judicial District of IowaSupreme Court of Iowa · 1976
- Kitsap County v. City of BremertonWashington Supreme Court · 1955
- Fitzpatrick v. State Board of ExaminersMontana Supreme Court · 1937
12 more not listed; retrieve them via the Exa API.