Howland v. Wright County
Supreme Court of Iowa
Appeal from Wright District Court. — Hon. S. M. Weaver, Judge. Action to recover the reasonable valne of services rendered by the plaintiff as mayor in a criminal action. From a judgment in favor of the defendant, the plaintiff appeals.
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Appeal from Wright District Court. — Hon. S. M. Weaver, Judge. Action to recover the reasonable valne of services rendered by the plaintiff as mayor in a criminal action. From a judgment in favor of the defendant, the plaintiff appeals. Code, sec-. tions 506, 4108, 4228 and 3790, and Ripley v. Gifford, 11 Iowa, 367, and pointed out that in Upton v. Glinton Go., 52 Iowa, 311, it was held simply that the mayor is not entitled to the statutory and arbitrary fees of a justice, while the plaintiff in the case at bar sues upon a quantum meruit. Rosier n. Glinton Co., 51 Iowa, 541; Turner v.…
1Opinion of the CourtKobinson, J.
The services in question were rendered by the plaintiff as mayor of the incorporated town of Eagle Grove, in acting as a magistrate on the trial of a person accused of the crime of assault and battery. The accused was adjudged to ■ be not guilty, and the plaintiff seeks to recover the fees allowed by law to justices of the peace in such cases, amounting to eight dollars, alleging that said sum would be a reasonable compensation for the services rendered. - A demurrer to the petition was sustained. The question certified by the trial judge for our determination is as follows: “Is the mayor of…
2Cases cited5 opinions
- Ripley v. GiffordSupreme Court of Iowa · 1860
- Foster & Foster v. County of ClintonSupreme Court of Iowa · 1879
- Moore v. Independent District of Toledo CitySupreme Court of Iowa · 1881
- Upton v. County of ClintonSupreme Court of Iowa · 1879
- Turner & Co. v. Woodbury CountySupreme Court of Iowa · 1881
3Cited by6 opinions
- Rhea v. BrewsterSupreme Court of Iowa · 1906
- Hyatt v. Hamilton CountySupreme Court of Iowa · 1903
- DuBois v. City of OskaloosaSupreme Court of Iowa · 1940
- Barber Asphalt Paving Co. v. Woodbury CountySupreme Court of Iowa · 1908
- Guanella v. Pottawattamie CountySupreme Court of Iowa · 1891
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