Legal Opinion · Dissent

Jones v. City of Des Moines

Supreme Court of Iowa

Decided February 7, 1939No. 44490Published

1DissentRichards, J.

(dissenting). — The majority malíes a finding that the civil service act did not repeal or modify the soldiers preference law. Therefrom a too ready conclusion may have been drawn. For the finding brings about this situation — the court becomes confronted with two unrepealed enactments, in each of which the legislature has spoken relative to the subject matter of this controversy. The duty that then becomes the court’s is to accord to each enactment, so far as possible, that which the legislature intended. It seems that in some measure this duty has escaped attention. The query whether there…

2Cases cited5 opinions

  1. Thurber v. DuckworthSupreme Court of Iowa · 1914
  2. Douglas v. City of Des MoinesSupreme Court of Iowa · 1928
  3. Moriarty v. Central Iowa Railway Co.Supreme Court of Iowa · 1884
  4. Sorenson v. AndrewsSupreme Court of Iowa · 1936
  5. Bender v. City of Iowa CitySupreme Court of Iowa · 1936

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API