Town of McGregor v. Baylies
Supreme Court of Iowa
Appeal from Clayton District Court. This action was brought in the “Court of McGregor" to recover a penalty for the violation of an ordinance of the “ Town of McGregor.” The defendant by his answer denied the existence of the court, and averred that the law creating it was unconstitutional. The plaintiffs demurred to this answer, which was sustained and judgment entered against defendant, from which he appeals.
Read the full summary
Appeal from Clayton District Court. This action was brought in the “Court of McGregor" to recover a penalty for the violation of an ordinance of the “ Town of McGregor.” The defendant by his answer denied the existence of the court, and averred that the law creating it was unconstitutional. The plaintiffs demurred to this answer, which was sustained and judgment entered against defendant, from which he appeals. It is agreed by counsel that the record presents the sole question: Is the law creating the court of McGregor constitutional ?
1Opinion of the CourtCole, J.
coiJstituMcGregor city court. The law, which it is claimed is unconstitutional, was passed by the Ninth General Asseman^ approved March 18, 1862. It may be foun¿ jn gession Laws of 1862, page 41, et seq., and is entitled “An act to establish a court at McGregor,” and has eleven sections. The first section establishes, “ in the town of McGregor, a court, to be denominated the Court of McGregor, which court shall be a court of record and have a seal. The officers of said court shall be a judge and the marshal of the town of McGregor.” It is required to hold its sessions “ each month, in some…
2Cases cited2 opinions
- Thomas v. Board of CommissionersIndiana Supreme Court · 1854
- MacGregor v. MacGregorSupreme Court of Iowa · 1859
3Cited by25 opinions
- State ex rel. West v. City of Des MoinesSupreme Court of Iowa · 1896
- State v. Port of TillamookOregon Supreme Court · 1912
- Chickasha Cotton Oil Co. v. Lamb & TynerSupreme Court of Oklahoma · 1911
- State v. SquiresSupreme Court of Iowa · 1868
- City of Ensley v. SimpsonSupreme Court of Alabama · 1909
20 more not listed; retrieve them via the Exa API.