Griggs v. Kimball
Supreme Court of Iowa
Appeal from, Audubon Circuit Court. County warrants were issued in favor of the defendant, E. H. Kimball, who was county recorder, for the amount of three hundred dollars. The account or claim was presented to the board of supervisors and allowed by them, but there was no recorded vote of the board allowing the claim, as required by Sec. 321 of the Code.
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Appeal from, Audubon Circuit Court. County warrants were issued in favor of the defendant, E. H. Kimball, who was county recorder, for the amount of three hundred dollars. The account or claim was presented to the board of supervisors and allowed by them, but there was no recorded vote of the board allowing the claim, as required by Sec. 321 of the Code. The plaintiff is a citizen and taxpayer of said county, and brings this action to enjoin the payment of the warrants, on the ground that they were illegally and fraudulently issued. An injunction was allowed, which, on the coming in of the…
1Opinion of the Court
Seevers, Ch. J.
-I. In the view taken of this, case by the court it is immaterial whether the plaintiff has such a standing as will permit him to enjoin the payment of these warrants or not, and on that question no opinion is expressed, nor is the question determined whether he can enjoin the payment of warrants duly issued on an allowance by the board, for any other reason than fraud perpetrated in making such *515allowance either by the party presenting the claim or the board.
1. BOARD of supervisors: allowance of ciaim: fraud. II. A careful examination of the record fails .to disclose any…
2Cases cited1 opinion
- City of Indianola v. JonesSupreme Court of Iowa · 1870
3Cited by2 opinions
- Rock v. RinehartSupreme Court of Iowa · 1893
- Monona County v. GraySupreme Court of Iowa · 1925