Legal Opinion

Mann v. City of LeMars

Supreme Court of Iowa

Decided October 12, 1899PublishedCited by 11 opinions

Appeal from Plymouth District Court. — HoN. F. E. Gay-nor, Judge. ActioN to recover salary as street commissioner. An ordinance required the city council, as soon as practicable after its organization each year, to appoint a street commissioner, and provided that, before entering upon the discharge of the duties of his office he execute a bond in; the penal sum of one thousand dollars, conditioned for properly discharging his duties for the term of one year, to begin April…

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Appeal from Plymouth District Court. — HoN. F. E. Gay-nor, Judge. ActioN to recover salary as street commissioner. An ordinance required the city council, as soon as practicable after its organization each year, to appoint a street commissioner, and provided that, before entering upon the discharge of the duties of his office he execute a bond in; the penal sum of one thousand dollars, conditioned for properly discharging his duties for the term of one year, to begin April 1st. March 16, 1896, the salary wa.s fixed at fifty dollars per month, and twenty ballots were east without choice, the…

1Opinion of the Court

Ladd, J".

Tbe petition is based entirely on the action of tbe city council, as evidenced by tbe record made of its-proceedings. • That of March 16, 1896, certainly indicated 2 tbe election of tbe plaintiff as street commissioner. It may be tbat the .mayor did not conform to parliamentary usage, in bolding tbat Weir could not change-bis vote, but be was sustained by tbe council. Tbe method of voting, and, indeed, of conducting all its proceedings, rests very largely within tbe discretion of tbe majority; the-wholesome restriction always being tbat of a reasonable guaranty for fairly taking tbe…

2Cases cited3 opinions

  1. State ex rel. Moore v. ArchibaldNorth Dakota Supreme Court · 1896
  2. City of Logansport v. CrockettIndiana Supreme Court · 1878
  3. McGraw v. WhitsonSupreme Court of Iowa · 1886

3Cited by11 opinions

  1. Smith v. City of Fort DodgeSupreme Court of Iowa · 1968
  2. Tod v. CrismanSupreme Court of Iowa · 1904
  3. Young v. GormleySupreme Court of Iowa · 1903
  4. State Ex Rel. William R. Compton Co. v. WalterSupreme Court of Missouri · 1929
  5. Beatle v. RobertsSupreme Court of Iowa · 1912

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