Legal Opinion

Bennett v. Hetherington

Supreme Court of Iowa

Decided June 21, 1875PublishedCited by 18 opinions

Appeal from Adair District Gov/rt. This is an appeal from an order made by a judge of tbe Supreme Court, allowing an injunction upon a petition to ■restrain the removal of the county seat of Adair county, from Eontanelle, its present location, to Greenfield, under vote thereon by the people. The injunction having been allowed, the defendants appeal. An order granting a temporary injunction, when made by a judge of the Supreme Court, cannot be appealed from.

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Appeal from Adair District Gov/rt. This is an appeal from an order made by a judge of tbe Supreme Court, allowing an injunction upon a petition to ■restrain the removal of the county seat of Adair county, from Eontanelle, its present location, to Greenfield, under vote thereon by the people. The injunction having been allowed, the defendants appeal. An order granting a temporary injunction, when made by a judge of the Supreme Court, cannot be appealed from. (Monticello Bank v. Smith, 25 Iowa, 248; Jewett v. Squires, 30 Id., 92; In re. Curley, 34 Id., 184.) The Code only allows appeals from…

1Opinion of the Court

Cole, J. —

The petition and exhibits are quite voluminous, and we need only state the material ultimate facts averred, to-wit: That plaintiffs are citizens and taxpayers of the county, and the defendants are officers thereof; that at the general election, in October, 1874, the people of the county voted upon .the proposition to remove the county seat from Fontanelle to Greenfield, and a majority voted in favor thereof, and unless restrained the defendants would remove the offices, etc., accordingly; that the election or voting upon such proposition was invalid, because there was no sufficient…

2Cases cited5 opinions

  1. Ballinger v. TarbellSupreme Court of Iowa · 1864
  2. Collins v. RipleySupreme Court of Iowa · 1859
  3. In re CurleySupreme Court of Iowa · 1872
  4. Monticello Bank v. SmithSupreme Court of Iowa · 1868
  5. Jewett v. SquiresSupreme Court of Iowa · 1870

3Cited by18 opinions

  1. Dunham v. ArderySupreme Court of Oklahoma · 1914
  2. Scarbrough v. EubankTexas Supreme Court · 1899
  3. State ex rel. Little v. LanglieNorth Dakota Supreme Court · 1896
  4. Oliver v. Monona CountySupreme Court of Iowa · 1902
  5. State ex rel. Ondler v. RoweSupreme Court of Iowa · 1919

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