McKinney v. Wood
Supreme Court of Iowa
Appeal from Harrison District Court. The plaintiff instituted this proceeding under chapter 37 of the Revision, to contest the right of defendant to the office of treasurer of Harrison county, which he then held, claiming to have been legally elected thereto.
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Appeal from Harrison District Court. The plaintiff instituted this proceeding under chapter 37 of the Revision, to contest the right of defendant to the office of treasurer of Harrison county, which he then held, claiming to have been legally elected thereto. The petition sets out certain illegal action on the part of the judges of the election of one township in.conducting the election and. in receiving votes, which it is claimed is cause for rejecting the whole vote of that township. Should this be done, plaintiff, who was voted for as a candidate for the same office and, it is claimed,…
1Opinion of the Court
Beck, Ch. J.
The only question to be determined in this case relates to the jurisdiction of the district court of appeals in proceedings of this nature.
I. Under chapter 37 of the Revision, elections of county officers are contested before a special tribunal organized of triers (judges as they are called in the statute), two of whom are chosen by the parties concerned. This tribunal possesses no other jurisdiction; its powers cease with the disposition of the case which it is created to decide. It is therefore a special and inferior tribunal.
Chapter 86, acts twelfth General Assembly,…
2Cases cited1 opinion
- Casey v. HarnedSupreme Court of Iowa · 1857
3Cited by2 opinions
- Clear Lake Co-Operative Live Stock Shippers' Ass'n v. WeirSupreme Court of Iowa · 1925
- Schuchart v. LammeySupreme Court of Iowa · 1883