Legal Opinion

State ex rel. Rice v. County Judge

Supreme Court of Iowa

Decided November 6, 1858PublishedCited by 66 opinions

Appeal from the Marshall District Court. Mandamus to the county judge of Marshall county, on the information of Wells S. Rico, requiring the said county judge, to take to his assistance two justices of the peace of said county, and re-canvass the votes cast at the April election, A. D. 1858, in said county, on the question of relocating the county seat of said county, at the town of Marshall, in said county, and in such re-canvass to count the votes cast on said question, in…

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Appeal from the Marshall District Court. Mandamus to the county judge of Marshall county, on the information of Wells S. Rico, requiring the said county judge, to take to his assistance two justices of the peace of said county, and re-canvass the votes cast at the April election, A. D. 1858, in said county, on the question of relocating the county seat of said county, at the town of Marshall, in said county, and in such re-canvass to count the votes cast on said question, in the townships of Legrand, Greencastle, and Marion, in said county, according to the returns of said election from said…

1Opinion of the Court

"Woodward, J.

By the statute of 1854-5, chap. 46, (Acts of 1855, 71), it was provided, that when the citizens *198of any county desired a re-location of the county seat, the major part of the voters of the county may petition the county judge to order an election for that purpose, naming in their petition the place at which they desire it located. The election being held, and the returns made to the county judge, he is to take to his aid two justices of the peace, and they are to canvass the election, and declare the result. The- election in question in this case, was held under, and in pursuance…

2Cases cited7 opinions

  1. People ex rel. Case v. CollinsNew York Supreme Court · 1837
  2. People v. CookNew York Supreme Court · 1852
  3. County Commissioners v. People ex rel. MetzIllinois Supreme Court · 1849
  4. People ex rel. Brewster v. KilduffIllinois Supreme Court · 1854
  5. People ex rel. Van Voast v. Van SlyckNew York Supreme Court · 1825

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3Cited by66 opinions

  1. Union Pacific Railroad v. HallSupreme Court of the United States · 1876
  2. Couey v. AtkinsOregon Supreme Court · 2015
  3. Bobbett v. StateSupreme Court of Kansas · 1872
  4. The People v. . HalseyNew York Court of Appeals · 1867
  5. Fisher v. City of CharlestonWest Virginia Supreme Court · 1881

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