Legal Opinion
Blair v. Dubuque County
Supreme Court of Iowa
Decided April 27, 1869PublishedCited by 1 opinion
Appeal from General Term, Nrnih District (Dulugrue). Plaintiffs seek in this action to recover for their services as attorneys in prosecuting certain criminal cases before a justice of the peace — the parties being charged with the violation of the provisions of what is known as the prohibitory liquor law. To the petition there was a demurrer, which was sustained by the District Court. This ruling was affirmed by the General Term, and plaintiffs appeal.
1Opinion of the Court
Wright. J.
This case involves the construction of section 1578 of the Revision, which is as follows :
“ It shall be the duty of all peace officers to see that this act, and the act to which this is amendatory, are faithfully executed ; and when informed that the law has been violated, and that proof of that fact can be had, it shall be the duty of such officers, and it is hereby made their special duty, to go before a magistrate and make information of the same and the person so violating the law. Upon the filing of such information before *182a magistrate, it shall be his duty to institute a suit…
2Cited by1 opinion
- Foster & Foster v. County of ClintonSupreme Court of Iowa · 1879