State ex rel. Rice v. Smith
Supreme Court of Iowa
Appeal from Marshall District Court. The material facts are presented in the opinion of the court. The defendant appeals. I. The first return to tbe writ of mandamus, was as lows: I William C. Smith, county judge of Marshall county do return that on the 6th day of January. A. I). 1859, I obeyed the mandate of said writ, and performed the duties by said writ required.” This was a complete return, and should not hare been quashed. Tapp, on Man. 346 and 348 (marginal). II.
Read the full summary
Appeal from Marshall District Court. The material facts are presented in the opinion of the court. The defendant appeals. I. The first return to tbe writ of mandamus, was as lows: I William C. Smith, county judge of Marshall county do return that on the 6th day of January. A. I). 1859, I obeyed the mandate of said writ, and performed the duties by said writ required.” This was a complete return, and should not hare been quashed. Tapp, on Man. 346 and 348 (marginal). II. The first step to be taken by the board of canvassers, is to determine whether the papers presented are returned. The People…
1Opinion of the Court
WoodwARD, J
This same cause was before this court at the December term, A. D. 1858, (7 Iowa 158.) A peremptory writ of mandamus had been ordered by the District Court, and the defendant appealed. The judgment of that court was affirmed, and the writ issued accordingly.
In the return to the alternative writ, the county judge and canvassers had stated that they had rejected the returns from the townships of Le Grand, Marion and Green Castle, for insufficiency. It was held that they were not authorized to adjudge upon their sufficiency or validity, but, if they were returns, the canvassers must…
2Cited by1 opinion
- State ex rel. Dox v. County Judge of Johnson CountySupreme Court of Iowa · 1861