Legal Opinion

Iowa County v. Huston

Supreme Court of Iowa

Decided June 13, 1876PublishedCited by 4 opinions

.Appeal from, Iowa Circuit Court. This cause was before this court at a former term and is reported in 39 Iowa, 323. "When it was remanded to the court below, the plaintiff filed an amended and substituted petition, in which it is stated the plaintiff appropriated one thousand dollars to repair theKosta bridge; that the defendant, assuming to be the agent of the plaintiff in the matter of rebuilding the bridge, although he in fact had no such authority, applied for and…

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.Appeal from, Iowa Circuit Court. This cause was before this court at a former term and is reported in 39 Iowa, 323. "When it was remanded to the court below, the plaintiff filed an amended and substituted petition, in which it is stated the plaintiff appropriated one thousand dollars to repair theKosta bridge; that the defendant, assuming to be the agent of the plaintiff in the matter of rebuilding the bridge, although he in fact had no such authority, applied for and obtained an order on the county treasurer for said money; that said order was issued by the clerk and delivered to defendant…

1Opinion of the Court

Seevees, Oh. J.

I. The plaintiff, to maintain the issue on its part, introduced the following evidence.

1. An order issued by the clerk of the board of supervisors under seal, to defendant, on the treasurer as follows:

“Marengo, Iowa, August 27, 1866.
“N. B. Yineyard, treasurer of Iowa county, please pay the bearer, Samuel Huston, the sum of one thousand dollars, out of the bridge fund, as per order of the trustees of Honey Creek and Cono townships, as per appropriation of the board of supervisors of Iowa.

Wm. G. Springer, Cleric.

By J. C. Springer, Deputy.”

2. “ A. J. Morrison, deputy auditor,…

2Cases cited3 opinions

  1. Mulligan v. Illinois Central Railway Co.Supreme Court of Iowa · 1873
  2. Shepard v. PrattSupreme Court of Iowa · 1871
  3. Hambell v. O'NealSupreme Court of Iowa · 1874

3Cited by4 opinions

  1. Shipley v. ReasonerSupreme Court of Iowa · 1893
  2. Bigelow v. WilliamsSupreme Court of Iowa · 1972
  3. Lalakea v. Laupahoehoe Sugar Co.Hawaii Supreme Court · 1936
  4. Vanneman v. Swedesboro Loan & Building Ass'nNew Jersey Court of Chancery · 1886

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