TaiLexi AI U.S. Case Law

Iowa News Co. v. Harris

The Iowa News Co. v. Harris

Iowa News Co. v. Harris, 17 N.W. 745 (Iowa 1883)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Supreme Court of Iowa · State Highest Courts
Decided
December 13, 1883
Judges
Adams
Citations
17 N.W. 74562 Iowa 501
Cited by 7
Headnotes
1. Board of Supervisors: selection op oppicial newspapers: CERTIORARI to review. The proprietor of a newspaper has no sueh interest in the selection by the board of supervisors of the official papers of the county as to enable him to maintain an action of certiorari to review the proceedings of the board in making the selection, to the end that his own paper may be selected as one of such papers; and this, even though his paper be one of the two having the largest circulation in the county. See Welch v. Supervisors, 23 Iowa, 199; Smith v. Toram', 37 Id., 89.
Summary
Appeal from Fremont Gireuit Court. The defendants constitute tbe board of supervisors of Fremont county. Tbe plaintiff applied for a writ of certiorari to test tbe legality of tbe proceedings of tbe board in selecting tbe Sidney Union Advocate and Farragut News as tbe official papers of Fremont county. Tbe plaintiff averred in its petition that it is a corporation resident in Fremont county, and publishes tbe Iowa State News, a weekly paper in said county, and that its paper has a larger circulation than tbe papers selected. Tbe plaintiff also averred several acts which it alleges are illegal. Tbe defendants demurred to tbe petition upon tbe ground, among others, that tbe petition showed no such interest on tbe part of tbe plaintiff as to entitle it to tbe writ. The court sustained the demurrer and rendered judgment for defendant for costs. Tbe plaintiff appeals.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Adams

Text extracted by OCR from a scanned original; check the original for exact wording.

Adams, J.

Tbe plaintiff does not aver that its paper is one of tbe two county papers having tbe largest circulation. *502 It, does, it is true, aver that its paper “by law was entitled to be selected.” Rut this is an averment of a legal conclusion. Besides, it appears to us that, even if the plaintiff had averred that its paper was one of the two papers having the largest circulation, it would not have shown such interest in the matter that it could be held to be entitled to the writ. The public might suffer from the wrongful action of the board, but we are not able to see that the plaintiff would, unless we could presume that the compensation allowed would be overcompensation, and that we could not do. The question presented appears to have been disposed of in Welch v. The Board of Supervisors, 23 Iowa, 199 , and Smith v. Yoram, 37 Id., 89. In our opinion the court did not err in sustaining the demurrer..

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 7 cases

View all citing references →
1887: 11888: 11893: 11899: 11900: 11910: 11913: 118872026peak 1887 · 1

Relies on it most ⓘ

  1. State ex rel. Holden v. Village of Lamberton34 N.W. 336 (Minn. 1887)
  2. People ex rel. Press Publishing Co. v. Martin25 N.Y.S. 775 (N.Y. Sup. Ct. 1893) · Dissent
  3. Collins v. City of Keokuk78 N.W. 799 (Iowa 1899)
  4. Brown v. Lewis40 N.W. 698 (Iowa 1888)
  5. Cronin v. Cronin129 N.W. 189 (Neb. 1910)
  6. Keely v. Board of Supervisors139 N.W. 473 (Iowa 1913)

Most recent

  1. Keely v. Board of Supervisors139 N.W. 473 (Iowa 1913)
  2. Cronin v. Cronin129 N.W. 189 (Neb. 1910)
  3. Stokes v. Wall37 S.E. 383 (Ga. 1900)
  4. Collins v. City of Keokuk78 N.W. 799 (Iowa 1899)
  5. People ex rel. Press Publishing Co. v. Martin25 N.Y.S. 775 (N.Y. Sup. Ct. 1893) · Dissent
  6. Brown v. Lewis40 N.W. 698 (Iowa 1888)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Welch v. Bd. of Supervisors, 23 Iowa 199 (1867) 11

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list