State ex rel. School Township of Douglas Township v. Kinkade
Supreme Court of Iowa
Appeal from Union District Court. — P. C. Winter, Judge. Aotion in quo warranto, to test the legality of the organization of defendant school district, and to oust its officers. The basis of the action is the alleged illegality in organizing the district. The plaintiffs demanded a jury. The trial court sustained defendants’ position that plaintiffs had waived a jury trial, and a jury was denied.
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Appeal from Union District Court. — P. C. Winter, Judge. Aotion in quo warranto, to test the legality of the organization of defendant school district, and to oust its officers. The basis of the action is the alleged illegality in organizing the district. The plaintiffs demanded a jury. The trial court sustained defendants’ position that plaintiffs had waived a jury trial, and a jury was denied. Trial to the court, which found for defendants, and dismissed the plaintiffs’ petition, and taxed the costs to the relators. Plaintiffs appeal. The defendants have filed a cross-appeal from the action…
1Opinion of the CourtPreston, J.
laches and acquiescence. The defendant district was completely organized March 11, 1920. Fourteen months thereafter, this suit was brought. When the case was originally brought, the plaintiff school township, Charles Ours, and Henry West were named as the only relators. Later, an amendment to the petition was filed, in whicli ten other persons were added as relators. Plaintiffs claim that the district was illegally organized, in that the boundaries of the newly formed district did not conform to the lines of Subdistrict No. 4 in Douglas Township; that the board of education never approved the…
2Cases cited7 opinions
- State ex rel. West v. City of Des MoinesSupreme Court of Iowa · 1896
- Attorney General v. City of MethuenMassachusetts Supreme Judicial Court · 1921
- Clement v. EverestMichigan Supreme Court · 1874
- State ex rel. Ondler v. RoweSupreme Court of Iowa · 1919
- Waddell v. Board of DirectorsSupreme Court of Iowa · 1919
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Grandon v. EllingsonSupreme Court of Iowa · 1966
- Lincoln v. MooreSupreme Court of Iowa · 1923
- Looney v. Consolidated Independent School District of CromwellSupreme Court of Iowa · 1925
- State ex rel. Freese v. Mid-Prairie Reorganized Community School DistrictSupreme Court of Iowa · 1958
- Wilcox v. Marshall CountySupreme Court of Iowa · 1940
2 more not listed; retrieve them via the Exa API.