State v. City of Lyons
Supreme Court of Iowa
Appeal from Clinton District Court. On the 26th day of August, 1870, an information, in the nature of a quo wa/rrcmto, was filed by Lyman A. Ellis, district attorney of the Seventh judicial district of the State of Iowa, on the relation of Elijah Buell, causing the court to be informed, that Lyons city is, and has been for several years last past, a corporation under the laws of said State.
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Appeal from Clinton District Court. On the 26th day of August, 1870, an information, in the nature of a quo wa/rrcmto, was filed by Lyman A. Ellis, district attorney of the Seventh judicial district of the State of Iowa, on the relation of Elijah Buell, causing the court to be informed, that Lyons city is, and has been for several years last past, a corporation under the laws of said State. That the legislative power of said city is vested in a council, which has no power to vacate a street or part thereof, except the following contained in the act creating said city, to wit: “ To establish…
1Opinion of the CourtCole, J.
— Our statute provides (Rev., § 3732), u an information may be filed against any person unlawfully holding or exercising any public office or franchise within this State, or any office in any corporation created by the laws of this State, and when any public officer has done or suffered any act which works a forfeiture of his office, or when any persons act as a corporation in this State without being authorized by law, or, if being incorporated, they do or omit acts which amount to a surrender or forfeiture of their rights and privileges as á corporation, or when they exercise powers not…
2Cited by8 opinions
- Morris & Cummings v. State ex rel. GussettTexas Supreme Court · 1884
- State ex rel. Johnson v. Consumers Public Power DistrictNebraska Supreme Court · 1943
- Spitzer v. RunyanSupreme Court of Iowa · 1901
- Stultz v. State ex rel. SteeleIndiana Supreme Court · 1879
- State v. Nebraska Telephone Co.Supreme Court of Iowa · 1905
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