State ex rel. Bailey v. Brookhart
Supreme Court of Iowa
Appeal from Washington District Court. — Hon. A. R. Dewey, Judge. On application to the lower court, relator was granted leave to bring an action in the name of the state to test his right to the office of county attorney, to which he claimed-to have been duly chosen at the general election on November 6, 1900, and to oust defendant therefrom, alléging that the defendant, who was the lawful incumbent of said office prior and up to the fii’st Monday (the 7th) of January,…
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Appeal from Washington District Court. — Hon. A. R. Dewey, Judge. On application to the lower court, relator was granted leave to bring an action in the name of the state to test his right to the office of county attorney, to which he claimed-to have been duly chosen at the general election on November 6, 1900, and to oust defendant therefrom, alléging that the defendant, who was the lawful incumbent of said office prior and up to the fii’st Monday (the 7th) of January, 1901, claimed the right to continue to hold said office under the provisions of an alleged amendment to the constitution of…
1Per curiam
1 The controversy in this case arises under the provisions of what purports to be an amendment to the constitution of the state, designated as “section 16, of article 12,” which reads as follows: “Sec. 16. The first general election after the adoption of this amendment shall be held on the Tuesday next after the first Monday in November in the year one thousand nine hundred and two, and general elections shall be held biennially thereafter. In the year one thousand nine hundred and two there shall be elected a governor, lieutenant-governor, secretary of state, auditor of state, treasurer of…
2Cases cited7 opinions
- Cohens v. VirginiaSupreme Court of the United States · 1821
- Oakland Paving Co. v. HiltonCalifornia Supreme Court · 1886
- Rohrbach v. . Germania Fire Ins. Co.New York Court of Appeals · 1875
- Alexander v. WorthingtonCourt of Appeals of Maryland · 1853
- State ex rel. Nourse v. ClarkeNevada Supreme Court · 1867
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3Cited by21 opinions
- Ellingham v. DyeIndiana Supreme Court · 1912
- McConaughy v. Secretary of StateSupreme Court of Minnesota · 1909
- State ex rel. Postel v. MarcusWisconsin Supreme Court · 1915
- State v. LovelessNevada Supreme Court · 1944
- Jones v. McClaughrySupreme Court of Iowa · 1915
16 more not listed; retrieve them via the Exa API.