107 Iowa 424 | Iowa | 1899
The petition alleges, in substance> that, during the year 1893, plaintiff was the county attorney of Woodbury county; tbat, at tbe January term of tbat year, a number of indictments were returned by tbe grand jury of tbat county against, one Atlee Hart and one J. L. Lewis; tbat thereafter, on tbe application of defendants, said cases were sent for trial on change of venue to Plymouth county; tbat after tbe change of venue, at tbe instance and request of tbe board of supervisors of defendant county, plaintiff prepared two of tbe cases for trial, and tried tbe same, as attorney, in Plymouth county, with tbe oral understanding and agreement with said board tbat tbe work so done was not covered by plaintiff’s salary as county attorney. It is further alleged that tbe defendants in tbe case so tried were convicted, and tbat they appealed to this court; tbat after tbe notices of appeal were served, but before tbe cases were prepared on behalf of tbe state, on appeal, plaintiff ceased to be county attorney; tbat, at tbe further instance and request of tbe board of supervisors of defendant county, plaintiff prepared tbe eases for submission to this court. A ratification of plaintiff’s employment is also pleaded. Tbe general ground of tbe demurrer filed by defendant is tbat tbe facts stated do not entitle plaintiff to tbe relief demanded. Tbe specific reasons assigned are numerous. Tbe parties unite in presenting tbe issues in tbe form of three propositions, as follows: "First, tbe power of boards of supervisors to employ an attorney to prosecute or defend cases in which tbe state or county is interested; second, tbe power of boards of supervisors to contract with tbe county attorney to perform services outside arid independent of those covered by tbe salary of such county attorney; third, as closely con