Doonan v. City of Winterset

(dissenting) — I find myself unable to agree with the majority and therefore respectfully dissent.

The problem which confronts us is the construction of certain statutes which have not been passed upon before by this court and upon which there is not a great deal of authority in other jurisdictions.

The majority quote the case of State v. Noth, 173 Iowa 1, at page 3, 151 N. W. 822, 152 N. W. 639, but in my judgment that case is not in point and is of no help in solving the question before us for the court in that case said:

‘ ‘ Whether the mayor shall vote or not is entirely immaterial in…