State ex rel. Brooks v. Napier
Supreme Court of Iowa
Appeal from the Polk District Court. This .was an information, under oatli, accompanied with an application to the district court for an alternative writ of mandamus, to be directed to the defendant, as county judge of Polk county, requiring him to submit to a vote of the qualified electors of said county, the question: “whether the said county judge should conclude a contract for the building of a court-house for said county, according to the terms agreed upon between him…
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Appeal from the Polk District Court. This .was an information, under oatli, accompanied with an application to the district court for an alternative writ of mandamus, to be directed to the defendant, as county judge of Polk county, requiring him to submit to a vote of the qualified electors of said county, the question: “whether the said county judge should conclude a contract for the building of a court-house for said county, according to the terms agreed upon between him and Isaac Cooper, on the 22d of June, 1858. It is shown by the information, that the county judge is about to conclude…
1Opinion of the CourtStockton, J.
We think it cannot be seriously questioned, that the county judge has the power to contract, in the name of his county, for the erection of a court-house, jail, and necessary public buildings, for the use of his county. Such power was possessed by the board of commissioners of the county, previous to the taking effect of the Code, (act of February 15, 1843, section 4.) And the county judge has succeeded to the usual powers and jurisdiction of the county commissioners and the judge of probate. Code, section 105. The county judge may enter into contracts for the erection of such buildings,…
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