# Wingert v. Urban

> Supreme Court of Iowa · February 16, 1977 · 250 N.W.2d 731

URL: https://www.frixlaw.com/law-library/cases/9848706

## Case

- **Full name:** In the Matter of the Contest of the Des Moines Municipal Primary Election and General Election, Filed by George WINGERT (Consolidation of Polk County District Court Cases Equity No. CE5-2463, Equity No. CE4-2187 and Equity No. CE4-2189), Contestant-Appellee, v. Tim URBAN, Incumbent-Appellant, for the Four-Year at Large City Council Vacancy
- **Court:** Supreme Court of Iowa
- **Decided:** February 16, 1977
- **Citations:** 250 N.W.2d 731; 1977 Iowa Sup. LEXIS 860
- **Precedential status:** Published
- **Opinion:** Dissent by Mason
- **Judges:** Harris, Mason, Rawlings, Legrand, Rees
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9848706

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9848706. Public record. Not legal advice.