Labour v. Polk County
Supreme Court of Iowa
Appeal from Polh Circuit Court. The plaintiff is police judge of the city of Des Moines. He brought tbis action to recover from Polk county certain fees in criminal cases where the prosecution failed, and in cases where such fees could not be made from the persons liable therefor. The answer of the county denies the indebtedness. There was a trial to the conrt on an agreed statement of facts, and a judgment for plaintiff. Defendant appeals.
1Opinion of the CourtKothkocK, J.
The provisions of the Code to he construed in determinining the questions presented are as follows: Section 543 provides that the police conrt shall have the powers and jurisdiction of justices of the peace. “Sec. 544. The police judge holding the police court shall be entitled to receive, in all criminal cases prosecuted in behalf of the state, *569the same fees, to be collected in the same manner, as a justice of the peace in like cases; and, in cases prosecuted in behalf of the city, such fees, not exceeding those for services of like nature in state prosecutions, as the council may by…
2Cases cited1 opinion
- City of Des Moines v. HillisSupreme Court of Iowa · 1881
3Cited by4 opinions
- Guanella v. Pottawattamie CountySupreme Court of Iowa · 1891
- McGuire v. Iowa CountySupreme Court of Iowa · 1907
- Hegele v. Polk CountySupreme Court of Iowa · 1894
- City of Des Moines v. Polk CountySupreme Court of Iowa · 1899