Legal Opinion

State ex rel. Perine v. Van Beek

Supreme Court of Iowa

Decided February 2, 1893PublishedCited by 35 opinions

Appeal from Ilenry District Court. — How. W. I. Babb, Judge. Action to determine the right to the office of sheriff of Henry county, Iowa, as between the relator Jacob Perine and the defendant George Yan Beek, and for certain other relief.

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Appeal from Ilenry District Court. — How. W. I. Babb, Judge. Action to determine the right to the office of sheriff of Henry county, Iowa, as between the relator Jacob Perine and the defendant George Yan Beek, and for certain other relief. The jury being waived, the cause was tried to the court, and judgment entered “that plaintiff’s bill herein be- dismissed, and that defendant George Yan Beek be authorized and empowered to hold said office of sheriff for the remainder of the time for which he was elected.” The plaintiff appeals. — A person must be eligible to a county office at the time of…

1Opinion of the CourtGiven, J.

1. Jurisdiction: whtioonsid-peti.051 ap~ — I. The first question presented is that of jurisdiction. The appellees contend that neither the district COUl’t nor this COUrt has jURS-diction to hear and determine the cause as presented in the pleadings. A determination of this question requires that we state at some length the allegations of the plaintiff’s bill. On January 4, 1892, that being the first Monday in said month, the plaintiff filed a bill stating that the relator Grillis was a resident citizen and elector of the county; that he voted at the general election in 1891 *573for the relator…

2Cases cited8 opinions

  1. State ex rel. Schuet v. MurrayWisconsin Supreme Court · 1871
  2. State ex rel. Off v. SmithWisconsin Supreme Court · 1861
  3. Cochran v. McClearySupreme Court of Iowa · 1867
  4. State v. TrumpfWisconsin Supreme Court · 1880
  5. Groves v. RichmondSupreme Court of Iowa · 1880

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3Cited by35 opinions

  1. Ashley v. Three Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1917
  2. Sheehan v. ScottCalifornia Supreme Court · 1905
  3. Shepherd v. SartainSupreme Court of Alabama · 1913
  4. State Ex Rel. West, Atty. Gen. v. BreckinridgeSupreme Court of Oklahoma · 1912
  5. Barr v. CardellSupreme Court of Iowa · 1915

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