Dubuque Female College v. District Township
Supreme Court of Iowa
Appeal from, Dubuque District Court. On the 12th day of November, 1858, defendant leased from plaintiff a certain building known as a Female College “for a school of a high grade,” &c. By the terms of the lease it was provided that if the electors of the district at the election on the second Monday in March, A. D., 1859, determined by ballot to purchase said building for $12,500, the lease was to terminate and the sale to be made.
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Appeal from, Dubuque District Court. On the 12th day of November, 1858, defendant leased from plaintiff a certain building known as a Female College “for a school of a high grade,” &c. By the terms of the lease it was provided that if the electors of the district at the election on the second Monday in March, A. D., 1859, determined by ballot to purchase said building for $12,500, the lease was to terminate and the sale to be made. This agreement was signed by the trustees of the college and by Wiltse, Bissell and Cook as the “District Board of Directors of Township of city of Dubuque.” This…
1Opinion of the CourtWright, J.
The directors, Wiltse, Bissell and Cook were elected in May, 1858, and their successors on the second Monday (14th) of March, 1859. By the 8th section of chapter 52, Laws of 1858, taken in connection with the provision in the 1st section, these officers were elected for one year, and until their successors were elected and qualified. And while, therefore, by a change of legislation their successors were elected prior to the making of this contract, yet as they did not qualify until after, (to wit, on the 19th of March,) their right to contract thus for, is beyond controversy.
But it is denied…
2Cases cited3 opinions
- District Township of Dubuque v. City of DubuqueSupreme Court of Iowa · 1858
- Dunn v. Rector, Wardens, & Vestrymen of St. Andrews ChurchNew York Supreme Court · 1817
- Merrick v. Burlington & Warren Plank Road Co.Supreme Court of Iowa · 1860
3Cited by17 opinions
- Morris & Cummings v. State ex rel. GussettTexas Supreme Court · 1884
- Burkhead v. Independent School DistrictSupreme Court of Iowa · 1898
- Kagy v. Independent DistrictSupreme Court of Iowa · 1902
- Hutchinson & Southern Railroad v. Board of CommissionersSupreme Court of Kansas · 1892
- Emery v. HennessyIllinois Supreme Court · 1928
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