Bradley v. Del. Cnty.

CourtUnited States State Supreme Court of Iowa
Writing for the CourtADAMS
Citation57 Iowa 552,10 N.W. 898
PartiesBRADLEY & SHERMAN v. DELAWARE COUNTY.
Decision Date19 December 1881

57 Iowa 552
10 N.W. 898

BRADLEY & SHERMAN
v.
DELAWARE COUNTY.

Supreme Court of Iowa.

Filed December 19, 1881.


Appeal from Delaware district court.

Action upon an account. The plaintiffs are physicians, and as such they furnished medicine and medical attendance, at the written request of the trustees of Delaware township, in Delaware county, for certain paupers of the county. The claims as presented to the board of supervisors amounted to $195.05. The board allowed thereon the sum of $114.55, and refused to allow the balance. The action is brought to recover such balance. The defendant for answer averred, among other things, that the plaintiffs' account was not certified to by the township trustees. The plaintiffs did not controvert the fact of the want of such certificate, but claimed that the board of supervisors waived the certificate. The court instructed the jury in substance that an allowance of a part of the plaintiffs' account, without objection for want of certificate, would be a waiver of the certificate. A verdict and judgment were rendered for plaintiffs. The defendant appeals.

[10 N.W. 898]

Calvin Yoran and E. M. Carr, for appellant.

Bronson & Le Roy, for appellees.


ADAMS, C. J.

The cause, involving less than $100, comes to us upon a certificate. The question certified is as follows: “Where claims are filed before the board of supervisors of a county for medical attendance upon and care for the poor, on the order of the proper township trustees, which said claims are not certified to be correct by the trustees, but which claims the board of supervisors consider without objection for want of such certificate, and allow a part and disallow a part, does such action amount to a waiver of such certificate, estopping the county from setting up and establishing the want of such certificate as a defence in a suit brought for the balance of said claims?” The defendant insists, in the first place, that the board of supervisors had no power to waive the certificate. In support of this doctrine the defendant cites Hull v. County of Marshall, 12 Iowa, 154; Webster County v. Taylor, 19 Iowa, 117; and Clarke v. City of Des Moines, 19 Iowa, 219. It is not necessary for the purposes of this case to go into an extended review of the cases cited. An examination of them will show that

[10 N.W. 899]

they differ materially from the case at bar. That a county, through its proper officers, may allow and pay a claim of the nature of the plaintiffs', is, of...

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6 practice notes
  • City of Rawlins v. Jungquist
    • United States
    • United States State Supreme Court of Wyoming
    • March 21, 1908
    ...Wapello Co. v. Sinnamon, 1 G. Greene, 413; Fulton v. Monona Co., 47 Iowa 622; Brick v. Plymouth Co., 63 Iowa 463; Bradley v. Delaware Co., 57 Iowa 552; U. S. v. Adams, 7 Wall., 463; U. S. v. Child, 12 Wall., 232; Davey v. Big Rapids, 48 N.W. 178; Browne v. Board (Mich.), 85 N.W. 745; Sharp ......
  • Wisdom v. Bd. of Sup'rs of Polk Cnty., No. 46710.
    • United States
    • United States State Supreme Court of Iowa
    • July 27, 1945
    ...which is defectively certified cannot be said to be illegal or unauthorized. This point is definitely ruled by Bradley v. Delaware County, 57 Iowa 552, 10 N.W. 898;Collins v. Lucas Country, 50 Iowa 448.’ VI. The trial court sustained grounds 1(a) and 1(c) of the board's motion to the effect......
  • Cherokee Cnty. v. Smith, No. 42635.
    • United States
    • United States State Supreme Court of Iowa
    • January 8, 1935
    ...Armstrong v. Tama County, 34 Iowa, 309;Collins v. Lucas County, 50 Iowa, 448;Bradley & Sherman v. Delaware County, 57 Iowa, 552, 10 N. W. 898;Bremer County v. Schroeder, 200 Iowa, 1285, 206 N. W. 303. II. Appellants further contend that the court erred in sustaining appellee's motion fo......
  • Brock v. Jones Cnty.,
    • United States
    • United States State Supreme Court of Iowa
    • January 13, 1910
    ...certified cannot be said to be illegal or unauthorized. This point is definitely ruled by Bradley v. Delaware Co., 57 Iowa, 552, 10 N. W. 898;Collins v. Lucas Co., 50 Iowa, 448. From the opinion in the former case we quote the following: “The want of the trustees' certificate to the claim w......
  • Request a trial to view additional results
6 cases
  • City of Rawlins v. Jungquist
    • United States
    • United States State Supreme Court of Wyoming
    • March 21, 1908
    ...Wapello Co. v. Sinnamon, 1 G. Greene, 413; Fulton v. Monona Co., 47 Iowa 622; Brick v. Plymouth Co., 63 Iowa 463; Bradley v. Delaware Co., 57 Iowa 552; U. S. v. Adams, 7 Wall., 463; U. S. v. Child, 12 Wall., 232; Davey v. Big Rapids, 48 N.W. 178; Browne v. Board (Mich.), 85 N.W. 745; Sharp ......
  • Wisdom v. Bd. of Sup'rs of Polk Cnty., No. 46710.
    • United States
    • United States State Supreme Court of Iowa
    • July 27, 1945
    ...which is defectively certified cannot be said to be illegal or unauthorized. This point is definitely ruled by Bradley v. Delaware County, 57 Iowa 552, 10 N.W. 898;Collins v. Lucas Country, 50 Iowa 448.’ VI. The trial court sustained grounds 1(a) and 1(c) of the board's motion to the effect......
  • Cherokee Cnty. v. Smith, No. 42635.
    • United States
    • United States State Supreme Court of Iowa
    • January 8, 1935
    ...Armstrong v. Tama County, 34 Iowa, 309;Collins v. Lucas County, 50 Iowa, 448;Bradley & Sherman v. Delaware County, 57 Iowa, 552, 10 N. W. 898;Bremer County v. Schroeder, 200 Iowa, 1285, 206 N. W. 303. II. Appellants further contend that the court erred in sustaining appellee's motion fo......
  • Brock v. Jones Cnty.,
    • United States
    • United States State Supreme Court of Iowa
    • January 13, 1910
    ...certified cannot be said to be illegal or unauthorized. This point is definitely ruled by Bradley v. Delaware Co., 57 Iowa, 552, 10 N. W. 898;Collins v. Lucas Co., 50 Iowa, 448. From the opinion in the former case we quote the following: “The want of the trustees' certificate to the claim w......
  • Request a trial to view additional results

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