Iowa Code 661.9 – Petition
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Terms Used In Iowa Code 661.9
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
661.9 Petition.
The plaintiff in such action shall state the plaintiff’s claim, and shall also state facts
sufficient to constitute a cause for such claim, and shall also set forth that the plaintiff, if a private individual, is personally interested therein, and that the plaintiff sustains and may sustain damage by the nonperformance of such duty, and that performance thereof has been demanded by the plaintiff, and refused or neglected, and shall pray an order of mandamus commanding the defendant to fulfill such duty.
[R60, §3762; C73, §3378; C97, §4346; C24, 27, 31, 35, 39, §12448; C46, 50, 54, 58, 62, 66, 71,
73, 75, 77, 79, 81, §661.9]
The plaintiff in such action shall state the plaintiff’s claim, and shall also state facts
sufficient to constitute a cause for such claim, and shall also set forth that the plaintiff, if a private individual, is personally interested therein, and that the plaintiff sustains and may sustain damage by the nonperformance of such duty, and that performance thereof has been demanded by the plaintiff, and refused or neglected, and shall pray an order of mandamus commanding the defendant to fulfill such duty.
[R60, §3762; C73, §3378; C97, §4346; C24, 27, 31, 35, 39, §12448; C46, 50, 54, 58, 62, 66, 71,
73, 75, 77, 79, 81, §661.9]