Supreme Court of Iowa, 1883

Iowa News Co. v. Harris

Supreme Court of Iowa · Decided December 13, 1883 · Adams

62 Iowa 501; 17 N.W. 745

Cases that cite this one

7 later published cases cite this decision.

People ex rel. Press Publishing Co. v. Martin (New York Supreme Court 1893)
State ex rel. Holden v. Village of Lamberton (Minn. 1887)
Keely v. Board of Supervisors (Iowa 1913)
Cronin v. Cronin (Neb. 1910)
Stokes v. Wall (Ga. 1900)
Collins v. City of Keokuk (Iowa 1899)
Brown v. Lewis (Iowa 1888)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Adams, J.

Tbe plaintiff does not aver that its paper is one of tbe two county papers having tbe largest circulation. *502It, 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.