City of Nevada v. Slemmons

In City of Nevada v. Slemmons, 244 Iowa 1068, 59 N.W. 2d 793 (Iowa, 1953), a city council's filling of a vacancy was challenged because a resignation of one of the members caused it to violate a statutory requirement that the vacancy be filled by a majority vote of "the whole number of members." Iowa's highest court rejected the challenge, noting that the quoted language was "intended to relate to the whole remaining members of the council." Id. at 795.