84 Iowa 580 | Iowa | 1892
At the January term, 1890, of the board of supervisors, there was a contest among the publishers and proprietors of three newspapers for the county printing. The appellants represented one of said newspapers. Ingham & Warren were proprietors-of one of the other newspapers, and J. W. Hinchon, the owner of another newspaper, was the other contestant. The board of supervisors awarded the printing to the newspaper represented by Ingham & Warren and by Hinchon. The plaintiffs charged that the lists of subscribers of the other papers were largely fraudulent, but upon the hearing the board determined that the
Section 307 of the Code, as amended by chapter 197, Acts Twentieth G-eneral Assembly, so far as it applies to the question involved, is as follows: “In ease charges of fraud are made by an aggrieved publisher, the board shall seek other evidence of circulation, and the aggrieved publisher shall have the right to appeal to the circuit court for redress of grievance. Said appeal shall be taken as in ordinary actions, and, in case of appeal, neither publisher to the contest shall receive pay for publishing such proceedings until the ■case is disposed of in the circuit court.” As the circuit court has been abolished, the appeal lies to the district court. This provision of the law does not expressly provide the time within which an appeal shall be taken, but refers to the method of taking an appeal as. that provided for in ordinary actions. It is provided by section 2504 of the Code that “remedies in civil cases in the courts of this state are divided into actions and