49 Iowa 591 | Iowa | 1878
I. It is urged that there was error in overruling the demurrer. The exception taken to this ruling was waived by filing the answer.
The next action of the board was at a special meeting, September 28, 1877, of which the record is as follows: “On motion, the bond of Jacob Minton as treasurer be not approved
A special meeting was held November 16,1877, of which the record is as follows: “On motion we proceed.to elect a treasurer by ballot. Hiram Smith, having received all the ballots cast, was declared duly elected treasurer for the ensuing year. On motion, the bond of Hiram Smith be accepted and approved by the board. Carried. ”
The reason of electing Smith a second time as treasurer is not shown. Perhaps it was because of defendant insisting that he was elected, and claiming the right to discharge the duties of the office. The reason, however, for this second election is not material. The bond of Pliram Smith was executed on the 28th day of September, 1877, and on the same day was filed with the board. The bond is regular in form, but was acknowledged and sworn to before the township clerk of the township of Eaglan.
A special meeting of the board was held January 28, 1878, at which the following proceedings were had: “Hiram Smith tendered his resignation, which was accepted. On motion we now appoint Charles Gilmore treasurer of district township of Eaglan. ”
On February 4,1878, a meeting was held, .and the following record was made on that and the following day: “On motion adjourned to meet February 5th. Met pursuant to adjournment in sub-district No. 2, at school-house. On motion bond of Charles Gilmore, as treasurer, be accepted and approved. Carried.”
We understand the position of appellant to be, although it does noli very clearly appear from the argument, that he was elected by a plurality vote at the meeting of September 17, 1877, and became thereby entitled to the office. But the vote which gave defendant a plurality was a mere informal vote. The first formal vote gave Smith a majority, and duly elected him treasurer. It is further claimed that, as the bond of Hiram Smith.was acknowledged and sworn to before the
The record discloses no error.
Affirmed.