Dishon v. Smith
Supreme Court of Iowa
Appeal from Marshall District Court. This was a petition for an injunction to restrain tbe county judge of Marshall county, in reference to certain proceedings, subsequent to a vote upon a proposition to remove the county seat. The case is connected with that of The State ex rel. Rice against the same defendant, 9 Iowa 334, and is based upon the same facts; and much repetition may be avoided by a reference to that case for the history of the matter.
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Appeal from Marshall District Court. This was a petition for an injunction to restrain tbe county judge of Marshall county, in reference to certain proceedings, subsequent to a vote upon a proposition to remove the county seat. The case is connected with that of The State ex rel. Rice against the same defendant, 9 Iowa 334, and is based upon the same facts; and much repetition may be avoided by a reference to that case for the history of the matter. The petition refers to the election held in April, 1858, upon the question before named, and avers that the election was unauthorized, and was…
1Opinion of the CourtWoodward, J.
In tbe outset we are met by that cause assigned, which objects that the injunction commands the county judge not to do that which by the writ of mandamus he is commanded to do. At the first sight this appears plausible, but on a close view it is ascertained not to be sound. The two commands do not conflict. The mandamus only orders the doing of a certain act and does not follow into its consequences. The injunction seeks to stay those consequences. The mandamus directs the county judge to canvass the votes, counting in certain returns, and to ascertain the result, but it does not order him to…
2Cases cited11 opinions
- People v. CookNew York Supreme Court · 1852
- People v. AllenNew York Supreme Court · 1831
- Pond v. NegusMassachusetts Supreme Judicial Court · 1807
- People v. VailNew York Supreme Court · 1838
- People, ex rel. Eastman v. SeamanNew York Supreme Court · 1848
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3Cited by103 opinions
- Wheat v. SmithSupreme Court of Arkansas · 1887
- Gilleland v. SchuylerSupreme Court of Kansas · 1872
- Taylor v. Department of TransportationSupreme Court of Iowa · 1977
- State ex rel. Mullen v. DohertyWashington Supreme Court · 1897
- Countz v. MitchellTexas Supreme Court · 1931
98 more not listed; retrieve them via the Exa API.