Legal Opinion

Stone v. Miller

Supreme Court of Iowa

Decided December 12, 1882PublishedCited by 11 opinions

Appeal from Delaware Circuit Court. This is a proceeding by certiorari to review the action of the board of supervisors of Delaware county, in submitting to the electors of said county the question of relocating the county seat of said county at the town of Manchester. The court adjudged that the action and proceedings of the board of supervisors, in ordering a vote upon the question of the re-location of the county seat, be affirmed. The plaintiffs appeal.

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Appeal from Delaware Circuit Court. This is a proceeding by certiorari to review the action of the board of supervisors of Delaware county, in submitting to the electors of said county the question of relocating the county seat of said county at the town of Manchester. The court adjudged that the action and proceedings of the board of supervisors, in ordering a vote upon the question of the re-location of the county seat, be affirmed. The plaintiffs appeal. The facts are stated in the opinion.

1Opinion of the CourtDay, J.

I. The petition prays that a writ of certiorari may be granted, commanding the board of supervisors to certify fully to the Cii’cuit Court a transcript of the record and proceedings of said board, as well as the facts relating to the matter stated in the petition, and the proceedings and evidence upon which said order for said vote was made. The judge, upon the presentation of the petition, ordered that a writ of eertiorari be granted as prayed. And the writ itself commands the board to certify and return a full, complete and perfect transcript of all the matters called for by the petition…

2Cases cited3 opinions

  1. Tunis v. WithrowSupreme Court of Iowa · 1860
  2. Baker v. Board of SupervisorsSupreme Court of Iowa · 1875
  3. Herrick v. CarpenterSupreme Court of Iowa · 1880

3Cited by11 opinions

  1. State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
  2. Miller v. Palo Alto Board of SupervisorsSupreme Court of Iowa · 1957
  3. Black v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1903
  4. Blodgett v. McVeySupreme Court of Iowa · 1906
  5. Smith v. ShermanSupreme Court of Iowa · 1901

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