Opinion

Wingert v. Urban

  • 250 N.W.2d 731
  • 1977 Iowa Sup. LEXIS 860
Court
Supreme Court of Iowa
Filed
Feb 16, 1977
Status
Published
Author
Mason
On the bench
Harris, Mason, Rawlings, Legrand, Rees
Cited by
5 cases

The opinion

MASON, Justice

(dissenting).

The majority concedes the signature requirement of § 376.4, The Code, was clearly intended by the Legislature to be mandatory. The opinion then turns to a consideration of Urban’s contention his noncompliance with the signature requirement of the statute was excused. Ignorance of the signature requirement of the statute on the part of Urban, the Polk County Auditor, and the Des Moines City Clerk is held to constitute an excuse for noncompliance, despite the fact that existence of the statute as amended was available to Urban and the others. I cannot agree with this reasoning, and I therefore dissent.

RAWLINGS and LeGRAND, JJ., join this dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.