Byram v. Polk County
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. W. P. Conrad, Judge. Plaintiff is a constable, and he brought this action against Polk county to recover fees for serving certain warrants of search and seizure issued by justices of the peace, under the statute for the suppression of intemperance.
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Appeal from Polk District Court. — Hon. W. P. Conrad, Judge. Plaintiff is a constable, and he brought this action against Polk county to recover fees for serving certain warrants of search and seizure issued by justices of the peace, under the statute for the suppression of intemperance. The district court ruled that the county was liable for one item of the claim, and was not liable for the other items, but the judge signed a certificate to the effect that the cause involves the determination of a question of law, upon which it is desirable to have the opinion of the supreme court, the…
1Opinion of the CourtReed, J.
*761. HquOTs0:ATIKG rant: nonquors found: Sstspays *75— The question certified is whether “ a peace-officer, who serves a search-warrant, duly and *76lawfully issued under section 1544 of the Code of Iowa, is entitled to receive pay from the county for serving said search-warrant • " . when he fails to find any intoxicating liquors by said search.” The proceedings upon which a search-warrant of the character contemplated by the question may be issued, the mandate of the writ, the duties of the peace-officer to whom it is delivered for service, and the proceedings after seizure by which the property may…
2Cited by6 opinions
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- Campbell v. StateIndiana Supreme Court · 1909
- Funk v. Mercantile Trust Co.Supreme Court of Iowa · 1893
- Peck v. RichterCourt of Appeals for the Eighth Circuit · 1914
- Globe Machinery & Supply Co. v. City of Des MoinesSupreme Court of Iowa · 1912
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