Legal Opinion

Fort Dodge City School District v. District Township of Wahkansa

Supreme Court of Iowa

Decided October 6, 1864PublishedCited by 4 opinions

Appeal from Webster District Court. This case after being remanded (see 15 Iowa, 435), was beard, upon tbe issues joined, by tbe court sitting as a jury, and decided in favor of defendant, and plaintiff appeals.

1Opinion of the Court

"Weight, Ch. J.

1. Practice: agreement. Tbe petition avers that plaintiff and defendant are bodies corporate, duly organized under and by virtue of tbe laws of this State, as school districts for common school purposes. It seems that prior to Oct. 13th, 1860, tbe corporate limits of defendant included all tbe territory now claimed by plaintiff. On that day, it is alleged that an election was held under tbe act of Feb. 26th, 1860 (Art. 5th, ch. 88, Rev.), by which plaintiff was organized into a separate district; and this action is brought to recover certain sums of money known as “school…

2Cases cited1 opinion

  1. State ex rel. Lewis v. YoungSupreme Court of Iowa · 1857

3Cited by4 opinions

  1. The People of N.C. Ex Rel . Van Bokkelen v. . CanadaySupreme Court of North Carolina · 1875
  2. Martin v. McGarrSupreme Court of Oklahoma · 1910
  3. State ex rel. Harmis v. AlexanderSupreme Court of Iowa · 1906
  4. Gewin v. Police JurySupreme Court of Louisiana · 1912

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