Bryan v. Cattell
Supreme Court of Iowa
Appeal from Polk District Court. Mandamus. It appears from tbe pleadings and the agreed statement of facts,- that the plaintiff was elected to the office of District Attorney for the 5th judicial district for four years from, the first day of January, 1859. He was duly commissioned, qualified, and entered upon the discharge of his duties.
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Appeal from Polk District Court. Mandamus. It appears from tbe pleadings and the agreed statement of facts,- that the plaintiff was elected to the office of District Attorney for the 5th judicial district for four years from, the first day of January, 1859. He was duly commissioned, qualified, and entered upon the discharge of his duties. In July, 1861, he was commissioned captain of company D, 1st Iowa Volunteer Cavalry, for three years or during the war; was mustered into the service, and so continued until after the commencement of these proceedings, — his legal residence remaining,…
1Opinion of the Court
Wright, Ch. J.
-By the Attorney-Greneral it is claimed: First, That the District Court of Polk County, had no jurisdiction to award this writ for the purpose, and under the circumstances disclosed in this record. Second: If the court had jurisdiction, then that the Auditor decided correctly in refusing to draw the warrants on the plaintiff’s demand, and the writ should, therefore, have .been denied.
In obedience to what we understand to be the nature and character of this writ, the power of the judiciary, and the adjudications upon the subject, we are clearly of the opinion that the…
2Cases cited4 opinions
- Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
- United States Ex Rel. Goodrich v. GuthrieSupreme Court of the United States · 1855
- Brashear v. MasonSupreme Court of the United States · 1848
3Cited by54 opinions
- Pierce v. GreenSupreme Court of Iowa · 1940
- Chesapeake & Ohio R. Co. v. MillerWest Virginia Supreme Court · 1882
- Shaw v. City CouncilSupreme Court of Iowa · 1905
- McCoy v. HandlinSouth Dakota Supreme Court · 1915
- Shattuck v. KincaidOregon Supreme Court · 1897
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