McCue v. Circuit Court

Beck, Ch. J.

— I. The petition shows that plaintiff was appointed and duly qualified as deputy sheriff by D. W. Stewart, the sheriff of Wapello county. On the 19th day of September, 1878, the judge of the District Court, under Code, § 756, upon his own motion, entered an order upon the records, the court being then in session, suspending Stewart from the office of sheriff. The order recites that it is based upon the fact that Stewart had been indicted for extortion in the discharge of his official duties. It also directs the District Attorney to file a petition as prescribed in Code, § 757,…