State ex rel. Van Houten v. County Judge
Supreme Court of Iowa
Appeal from Hardin District Court. For a statement of the facts out of which this case arose see the report of the same case on a former appeal, 10 Iowa, 65, and The State of Iowa, ex rel. Alderson, v. The County Judge of Hardin County, 11 Iowa, 11. The particular questions raised on this appeal are stated in the opinion of the court.
Read the full summary
Appeal from Hardin District Court. For a statement of the facts out of which this case arose see the report of the same case on a former appeal, 10 Iowa, 65, and The State of Iowa, ex rel. Alderson, v. The County Judge of Hardin County, 11 Iowa, 11. The particular questions raised on this appeal are stated in the opinion of the court. Does the record set out in the defendant’s return constitute a bar to this proceeding ? The determination of this question depends upon the following propositions of law: I. The granting of an alternative writ of mandamus is not, such an ascertainment of right,…
1Opinion of the Court
Baldwin, C. J.1
— The facts upon which the relator bases his prayer for a writ of mandamus, are in substance set forth in the opinion of Woodward, J., delivered in this cause, upon a former appeal. 10 Iowa, 65. The case of The State, ex rel. Alderson, v. The same respondents, originated out of the same county seat controversy, and a further history of this case may be had by reference to the statement and opinion in that case, as appears in 11 Iowa, p. 11.
The judgment of the District Court upon the former appeal was reversed. Upon the return of the writ of procedendo from this court, the…
2Cases cited4 opinions
- Chance v. TempleSupreme Court of Iowa · 1855
- Hampson v. WeakeSupreme Court of Iowa · 1856
- Price v. HarnedSupreme Court of Iowa · 1855
- State ex rel. Van Houton v. JonesSupreme Court of Iowa · 1859
3Cited by5 opinions
- State ex rel. Knott v. HaskellSupreme Court of Florida · 1916
- Griffith v. Milwaukee Harvester Co.Supreme Court of Iowa · 1894
- Moore v. ParkerSupreme Court of Iowa · 1868
- Boasen v. StateNebraska Supreme Court · 1896
- Rummel v. DealySupreme Court of Iowa · 1900