Morris v. Hosmer
Supreme Court of Iowa
'Appeal from Woodbury District Court.- — -George Jepson, Judge. The representatives of school corporations who, when in session, are authorized to add to the salary of the county superintendent, as fixed by statute, “such further sum by way of compensation as may be just and proper,” made the following allowance to the appellant, who was by the same body chosen to be county superintendent, to wit: “That the superintendent’s salary be increased to $2,500, with the…
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'Appeal from Woodbury District Court.- — -George Jepson, Judge. The representatives of school corporations who, when in session, are authorized to add to the salary of the county superintendent, as fixed by statute, “such further sum by way of compensation as may be just and proper,” made the following allowance to the appellant, who was by the same body chosen to be county superintendent, to wit: “That the superintendent’s salary be increased to $2,500, with the understanding that at least $500 is to be used as expenses in addition to the $250 allowed by law; that the salary of the assistant…
1Opinion of the CourtSalinger, J.
1. Mandamus: subjects purposes, etc. : issuance of salary warrants. I. It is the duty of the board of supervisors to make payment for goods it .has lawfully bought for the county. But mandamus would not lie to compel it to do so. The reason is that, while mandamus is available to compel the performance of what an officer should do, the right to use such remedy is limited to cases where there is no other plain, speedy, and adequate remedy. In the supposed case, an ordinary suit' at law would be such remedy; wherefore, mandamus would not lie, though the outcome of the suit at law would…
2Cases cited17 opinions
- Commonwealth ex rel. Wolfe v. ButlerSupreme Court of Pennsylvania · 1882
- Seiler v. State ex rel. Board of CommissionersIndiana Supreme Court · 1903
- Kirkwood v. SotoCalifornia Supreme Court · 1891
- Cowdin v. HuffIndiana Supreme Court · 1858
- Marion County v. LearIllinois Supreme Court · 1884
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3Cited by2 opinions
- Buckley v. DeeganSupreme Court of Iowa · 1953
- Carl R. Miller Tractor Co. v. HopeSupreme Court of Iowa · 1934