Cushman v. Washington County
Supreme Court of Iowa
Appeal from Washington District Court. This action is based on the following account: “Washington County, Dr. “To II. Cushman: 1875, May 4. To performing autopsy on the body of Julius Seely, by order of Anson Moore, justice of the peace and acting coroner, $50.” It is alleged in the petition that an inquest was held upon the body of Julius Seely, deceased, and in the absence of the coroner, the same was held by one Anson Moore, a justice of the peace; that said Moore…
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Appeal from Washington District Court. This action is based on the following account: “Washington County, Dr. “To II. Cushman: 1875, May 4. To performing autopsy on the body of Julius Seely, by order of Anson Moore, justice of the peace and acting coroner, $50.” It is alleged in the petition that an inquest was held upon the body of Julius Seely, deceased, and in the absence of the coroner, the same was held by one Anson Moore, a justice of the peace; that said Moore summoned plaintiff; who is a regular practicing physician and surgeon, to make a post mortem examination on said body; that…
1Opinion of the CourtRothrock, J.
l. services: coroner’s11 inquest. The Code, section 368, provides that, “ in the above inquisition by a coroner, when he or the jury deem ^ requisite, he may summon one or more physiciaus or surgeons to make a scientific examination, and spap allow in such case a reasonable compensation, instead of witness fees.”
The coroner, or the justice acting in his absence, is the officer or tribunal exclusively charged with the duty of fixing the compensation in question. For refusal to act on the claim made, he may be compelled to do so by mandamus. For allowing an insufficient compensation, as no…
2Cited by6 opinions
- Broyles v. Mahaska CountySupreme Court of Iowa · 1931
- Kentucky Lands Investment Co. v. FitchCourt of Appeals of Kentucky · 1911
- Sanford v. Lee CountySupreme Court of Iowa · 1878
- Moser v. Boone CountySupreme Court of Iowa · 1894
- Bradley v. County of DelawareSupreme Court of Iowa · 1880
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