Cochran v. McCleary
Supreme Court of Iowa
Appeal from Johnson- District Court. General municipal incorporation act: mayor oe CITIES NO RIGHT TO PRESIDE IN COUNCIL: RIGHT OE PRESIDENT PRO TEM. TO PRESIDE : QUO WARRANTO : NATURE AND extent oe remedy: injnuotion — when.—Defendant is admitted to be the duly elected, qualified and acting mayor of Iowa City, a city of the second class, organized under the general incorporation act. Chap. 51 of the Revision.
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Appeal from Johnson- District Court. General municipal incorporation act: mayor oe CITIES NO RIGHT TO PRESIDE IN COUNCIL: RIGHT OE PRESIDENT PRO TEM. TO PRESIDE : QUO WARRANTO : NATURE AND extent oe remedy: injnuotion — when.—Defendant is admitted to be the duly elected, qualified and acting mayor of Iowa City, a city of the second class, organized under the general incorporation act. Chap. 51 of the Revision. This appeal presents these questions : 1. Is the defendant, as mayor of the city, entitled by law, in virtue of his office, to preside over the meetings of the city council? 2. Is the…
1Opinion of the CourtDillon, J.
1. corfobation right of Sae. preside. I. As to defendant’s right: The legal question here presented is: Has the mayor in cities of the second class, organized under the general ineorporation act (Rev., eh. 51), a right, m virtue of his office, to preside over the city council, and to vote therein % Upon a careful examination of the chapter, it is our opinion that the mayor has no such right. We briefly assign our reasons.
Each ward elects two trustees (§ 1093), and the boajd of trustees constitutes and is denominated the “city council.” § 1091. “ The trustees shall assemble together and…
2Cases cited18 opinions
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- Waldo v. WallaceIndiana Supreme Court · 1859
- Tappan v. GrayNew York Court of Chancery · 1842
- Mickles v. Rochester City BankNew York Court of Chancery · 1844
- The People v. . CarpenterNew York Court of Appeals · 1861
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3Cited by45 opinions
- In Re SawyerSupreme Court of the United States · 1888
- State ex rel. White v. BarkerSupreme Court of Iowa · 1902
- White v. BerrySupreme Court of the United States · 1898
- Walker v. City of SpokaneWashington Supreme Court · 1911
- Moulton v. ReidSupreme Court of Alabama · 1875
40 more not listed; retrieve them via the Exa API.