Abrams v. Ervin
Supreme Court of Iowa
Appeal from Des Moines District Court. This was an action to recover damages for burning a bouse, the property of the plaintiff. The answer denied all the material allegations of the petition, and alleged that the house was kept and used as a house of ill fame, by the tenants of the plaintiff, and was a nuisance.
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Appeal from Des Moines District Court. This was an action to recover damages for burning a bouse, the property of the plaintiff. The answer denied all the material allegations of the petition, and alleged that the house was kept and used as a house of ill fame, by the tenants of the plaintiff, and was a nuisance. On the trial, the plaintiff, to prove his title to the premises, the loss of the original deed being shown, offered in evidence the record of a deed of conveyance of the premises from Levi Hager, administrator of James Anderson, deceased, the patentee, to A. S. Eear, intending to…
1Opinion of the Court
StocktoN, J.1
The question is whether the deputy of the clerk of the District Court, authorized to be appointed by the act of July 81, 1840, (Rev. Stat. 143,) was, under the seventh section of the act of February 16,1843, (Rev. Stat. 204,) authorized and competent to take and certify the acknowledgment of a deed of conveyance of real estate. ■
*90Where the duties of a public officer are of a ministerial character, they may be discharged by deputy. Duties of a judicial character, cannot be so discharged. The clerk is a ministerial officer. When the law gives him power to appoint a deputy, such…
2Cases cited3 opinions
- Hope v. SawyerIllinois Supreme Court · 1852
- Commonwealth v. ArnoldCourt of Appeals of Kentucky · 1823
- Shiveley's Administrators v. JonesCourt of Appeals of Kentucky · 1845
3Cited by19 opinions
- Guarantee Trust & Safe Deposit Co. v. Buddington, Wilson & Co.Supreme Court of Florida · 1887
- Kinney v. HowardSupreme Court of Iowa · 1907
- Knuckles v. Bd. of Ed. of Bell CountyCourt of Appeals of Kentucky (pre-1976) · 1938
- Holley v. County of OrangeCalifornia Supreme Court · 1895
- Halbouer v. CueninSupreme Court of Colorado · 1909
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