49 Iowa 171 | Iowa | 1878
I. Two questions arise in this case, the first involving the jurisdiction of the judge to act upon the matter in controversy in vacation; the second, the authority of plaintiffs to designate the newspapers in which notices of sales of lands on execution shall be published.
IY. Defendant insists that Code, § 308, gives him the right of selection in such cases. It is in this language: '“The clerk of the District Court, sheriff, auditor, treasurer and recorder shall designate the newspapers in which the notices pertaining to their several offices' shall be published, and the board of supervisors shall designate the papers in which all other county notices shall be published, and in counties having a population exceeding eighteen thousand inhabitants, the board shall designate as one of such papers a paper published in a foreign language, if there be such in its county.”
The language of this provision does not include notices of execution 'sales, but is limited to “county notices,” which we understand to mean notices pertaining to county business. The context clearly shows that it is used in this sense. Section 3832 is applicable to the publication of notices of sales on execution. The two provisions being applicable to different subjects are not in conflict, and do not require construction to make them harmonize.
The case, in our opinion, demands no further consideration.
The order of the District Court is
Affirmed.