Arquette v. Supervisors of Marshall County
Supreme Court of Iowa
Appeal from Marshall District Court. — Hon. J. L. Stevens, Judge. Action of mandamus. The petition of plaintiff alleges that on or about the twentieth day of September, 1886, she deposited with the clerk of the district court of Marshall county the sum of one hundred dollars as security for the appearance of one Minnie Cummings to answer to an indictment found against her at the then ensuing November term of said court; that at said term said Minnie Cummings failed to…
Read the full summary
Appeal from Marshall District Court. — Hon. J. L. Stevens, Judge. Action of mandamus. The petition of plaintiff alleges that on or about the twentieth day of September, 1886, she deposited with the clerk of the district court of Marshall county the sum of one hundred dollars as security for the appearance of one Minnie Cummings to answer to an indictment found against her at the then ensuing November term of said court; that at said term said Minnie Cummings failed to appear, and was defaulted and her security forfeited ; that at the January, 1887, term of said court said default and…
1Opinion of the CourtRobinson, J.
— The correctness of the decision of the district court in sustaining the demurrer is presented to us for review by means of various questions of law certified by the trial judge. Among these are the following : “(1) Was the order of default and forfeiture of the security or deposit money, at the November term, 1886, of the district court, final and conclusive, not having been set aside or modified by the court at that time % (2) Did said order of forfeiture of itself, without further order of the court, operate to carry the deposited fund into the county treasury, for the use of the school…
2Cited by2 opinions
- Bruntlett v. Carroll CountySupreme Court of Iowa · 1922
- City of Raleigh v. DurfeySupreme Court of North Carolina · 1913