Prescott v. Gonser
Supreme Court of Iowa
Appeal from Clay District Court. It is alleged ia tbe petition, that on the 81st day of December, 1861, the hoard of supervisors of Olay county, Iowa, allowed to J. Hindelspeyer the sum of $500 as money due him for materials furnished and labor performed for the county, and ordered their clerk to issue warrants therefor, which action of the board, was, and is, duly recorded; that by virtue of such authority the clerk issued a warrant for $250, dated December 31, 1864, No.…
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Appeal from Clay District Court. It is alleged ia tbe petition, that on the 81st day of December, 1861, the hoard of supervisors of Olay county, Iowa, allowed to J. Hindelspeyer the sum of $500 as money due him for materials furnished and labor performed for the county, and ordered their clerk to issue warrants therefor, which action of the board, was, and is, duly recorded; that by virtue of such authority the clerk issued a warrant for $250, dated December 31, 1864, No. 346, and signed the same, but neglected to affix the seal of the county thereto, but impressed thereon the seal of the…
1Opinion of the CourtMiller, J.
Mandamus county officers. I. The first and second grounds of demurrer are to the effect, that the petition does not state Sll®c^er1^ facts to constitute a cause of action in this, that it is not alleged that the defendant was clerk of the board of supervisors at the time of the issuance of the warrants set out in the petition, or that the board ever directed this defendant to seal the warrants.
The position contended for in the argument is, that the defendant is not in law authorized or required to affix the county seal to warrants issued by his predecessor in office, unless specially directed…
2Cases cited1 opinion
- Baker v. Johnson CountySupreme Court of Iowa · 1871
3Cited by50 opinions
- District Township of Boomer v. FrenchSupreme Court of Iowa · 1875
- Barnes v. GlideCalifornia Supreme Court · 1897
- Dennis v. BintCalifornia Supreme Court · 1898
- Mickel v. WalravenSupreme Court of Iowa · 1894
- In re FarrellMontana Supreme Court · 1907
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