Nelson v. Consol. Independent Sch. Dist. of Troy Mills
Supreme Court of Iowa
Appeal from Linn District Court. — F. O. Ellison,'Judge. This is a proceeding in equity to test the legality of an acting school corporation. The plaintiffs are taxpayers, and have sought their remedy by injunction. There was a decree in their favor, holding the organization of the defendant school district to be illegal and void. The defendants have appealed.
1Opinion of the CourtLadd, J.
1. QUO WARRANTO : nature and grounds: illegality in corporate organization : schools and school districts. The defendant Consolidated Independent School District of Troy Mills was organized, if at all, under the provisions of Section 2794-a, Code Supplement, 1913. The other defendants in the case are the acting directors who were elected as such following the alleged organization. The defendants question the right of the plaintiffs to challenge by an injunction suit the legality of the defendants’ existence as a corporation, and urge that quo warranto is the only remedy available for that…
2Cases cited26 opinions
- Tulare Irrigation District v. ShepardSupreme Court of the United States · 1902
- Stuart v. School District No. 1Michigan Supreme Court · 1874
- Cochran v. McClearySupreme Court of Iowa · 1867
- Brennan v. City of WeatherfordTexas Supreme Court · 1880
- City of Topeka v. DwyerSupreme Court of Kansas · 1904
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3Cited by35 opinions
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- Kosman v. ThompsonSupreme Court of Iowa · 1927
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