Ex parte Strahl
Supreme Court of Iowa
Habeas Corpus. The application for tbe writ was filed in open court, and tbe writ issued. The respondent filed bis return, and tbe relator filed a demurrer thereto, and tbe cause was first submitted to the court upon the argument of the demurrer. relied upon the authorities cited in the opinion of the Chief Justice.
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Habeas Corpus. The application for tbe writ was filed in open court, and tbe writ issued. The respondent filed bis return, and tbe relator filed a demurrer thereto, and tbe cause was first submitted to the court upon the argument of the demurrer. relied upon the authorities cited in the opinion of the Chief Justice. After the demurrer to the answer was overruled, for the reasons stated in the opinion of Wright, Ch. J., the petitioner filed a replication, in which he set out in substance that the certificate under which the respondent claimed to exercise the duties of the office of mayor was…
1Opinion of the Court
Wright, Ch. J.
Petitioner was arrested and held in custody under a writ issued by W. H. Leas, as Mayor of the city of Des Moines, for an offence against the ordinances of said city. In his petition, he claims that said Leas is not the mayor of said city, that he was never elected as such mayor, and that he had no power or authority to issue said writ. The answer shows that said Leas was declared duly elected, that a certificate of election was issued in due form by the proper officer, that he took the oath and executed the bond required by la\y, entered upon the discharge of his duties, and…
2Cases cited8 opinions
- Fowler v. BebeeMassachusetts Supreme Judicial Court · 1812
- Green v. BurkeNew York Supreme Court · 1840
- People v. VailNew York Supreme Court · 1838
- Aulanier v. GovernorTexas Supreme Court · 1846
- People, ex rel. Eastman v. SeamanNew York Supreme Court · 1848
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3Cited by17 opinions
- Sheehan's CaseMassachusetts Supreme Judicial Court · 1877
- Cochran v. McClearySupreme Court of Iowa · 1867
- State ex rel. Kemper v. CarterSupreme Court of Missouri · 1914
- State ex rel. Bales v. BaileySupreme Court of Minnesota · 1908
- State ex rel. Cropper v. MurdockIndiana Supreme Court · 1882
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