Desmond v. McCarthy
Supreme Court of Iowa
Appeal from Dubuque District Court. This case arises upon an agreed statement, submitted under the provisions of ch. 131 of the Revision.
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Appeal from Dubuque District Court. This case arises upon an agreed statement, submitted under the provisions of ch. 131 of the Revision. The statement is as follows: The plaintiff, Daniel Desmond, brought a suit in replevin before W. R. Evans, a justice of the peace, to recover possession of the doclret and other books, then in the possession of the defendant, Patrick McCarthy, a justice of the peace of Vernon township, in Dubuque county; being such books as a justice is required to deliver to his successor. It is admitted, for the purpose of this decision, that Patrick McCarthy, the…
1Opinion of the CourtCole, J.
1. justice pLc™ term I. Since it appears that the defendant was appointed to fill a vacancy, and that by the Rev., § 667, su°h appointment could only be “made,to continue until the next election at which the vacancy can be filled, and until a successor is elected and qualified,” and that the plaintiff, as such successor, was elected at the next election, and duly qualified, it is reasonably clear that the plaintiff is the justice of the peace de jure, and, as such, has the right in law to the possession of the office, and whatever books and papers properly pertain thereto.
II. The agreed…
2Cases cited1 opinion
- Wilcox v. SmithNew York Supreme Court · 1830
3Cited by8 opinions
- Commissioners of Saline Co. v. AndersonSupreme Court of Kansas · 1878
- State ex rel Freeman v. CarveySupreme Court of Iowa · 1915
- White v. YoungIdaho Supreme Court · 1964
- Spegal v. Krag-Reynolds Co.Indiana Court of Appeals · 1898
- McCue v. Circuit CourtSupreme Court of Iowa · 1879
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