118 Iowa 230 | Iowa | 1902
The exact question presented is, in the language of counsel, “as to whether or not a saloon maybe legally conducted in a town incorporated since the board of supervisors of the county passed upon the petition of consent under which the same was claimed to be operated, such board having failed to find any fact with reference to the number of voters within the present limits of said town, or the number of those within the town who signed the petition, and it being conceded that defendant can show by oral evidence, subject to objections, as herein provided, that the requisite number of those living within the present limits of the town at the time of the general election preceding the circulation of said petition actually signed such petition.” The Hill-Gleisner Case, to which we have referred, unequivocally holds that the board of supervisors
These conclusions are in harmony with those found by the district court. Appellee’s motion to tax attorney’s fees is sustained, and the sum of $50 is allowed for his attorney, to be taxed as part of the costs in the case.— Aepirmed.