Campbell v. County of Polk
Supreme Court of Iowa
Appeal from the Story District Court. This is an action brought upon five county -warrants, each of which is of the following tenor: “ Office of County Judge, $300. “ Polk County, Iowa, June 14th, 1855. “The treasurer of said county will pay to James Campbell, or bearer, the sum of three hundred dollars, out of any money not otherwise appropriated.” They are signed by the county judge, and sealed with the seal of the county.
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Appeal from the Story District Court. This is an action brought upon five county -warrants, each of which is of the following tenor: “ Office of County Judge, $300. “ Polk County, Iowa, June 14th, 1855. “The treasurer of said county will pay to James Campbell, or bearer, the sum of three hundred dollars, out of any money not otherwise appropriated.” They are signed by the county judge, and sealed with the seal of the county. On each is the following indorsement: “Presented, and refused to pay by the treasurer, June 15th, 1855,” which is signed by the treasurer. The defendant pleaded: 1st.…
1Opinion of the CourtWoodward, J.
The first error is upon overruling the motion to quash the original notice. A bill of exceptions is taken to this matter, which says the motion was “for the reason, that the notice was not directed to defendant. The notice reads as follows, to wit: (Here insert),” but there is no such motion among the papers; and if there was, such a mode of referring to it, is bad. We shall therefore pass this assignment, and we do it the more readily, because it appears that the defendant was represented by counsel.
*470The second and third assignments must be considered together. The plaintiff’s demurrer to the…
2Cited by16 opinions
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- Commissioners of Leavenworth County v. KellerSupreme Court of Kansas · 1870
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