Howegler v. Greiner
Supreme Court of Iowa
Appeal from Hamilton District Court. — Hon. S. M. Weaver, Judge. Action in equity to compel the defendants, as township trustee and township clerk, to issue to the plaintiff an order, payable in money, for a balance due him as road supervisor. A demurrer to the petition was overruled, and, the defendants standing thereon, judgment was rendered against them, from which they appeal.
1Opinion of the CourtKinne, J.
This cause, involving less than one hundred dollars, comes to us upon the certificate of the trial court as follows:
ilFirst. Where, upon the settlement provided for by section 996 of the Code of 1873, a balance is found *477to be due a road supervisor upon his own personal labor as such supervisor, and' there are no funds in the treasury with which to pay him such balance, is he entitled to receive the order provided for by section 997 of the Code of 1873, or the order provided for by section 3, chapter 200, of Acts of the Twentieth General Assembly (McClain’s Code, section 1500; Code 1873,…
2Cases cited2 opinions
- Bradley & Nicoulin v. LoveSupreme Court of Iowa · 1888
- Tobin v. Township of EmmetsburgSupreme Court of Iowa · 1879
3Cited by2 opinions
- State v. DanforthSupreme Court of Iowa · 1878
- Miller v. HinkeSupreme Court of Iowa · 1907