School Township of Franklin v. Wiggins
Supreme Court of Iowa
Appeal from Greene District Court.■ — -HoN. Z. A. Ciiuroh, Judge. ActioN in equity for an injunction, for an accounting, and other equitable relief. On motion of defendants, the court struck out many of the allegations of plaintiff’s petition. Thereafter the defendants answered,' and to the answer plaintiff filed a demurrer, which was overruled. Plaintiff elected to stand upon its demurrer, and refused to plead further.
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Appeal from Greene District Court.■ — -HoN. Z. A. Ciiuroh, Judge. ActioN in equity for an injunction, for an accounting, and other equitable relief. On motion of defendants, the court struck out many of the allegations of plaintiff’s petition. Thereafter the defendants answered,' and to the answer plaintiff filed a demurrer, which was overruled. Plaintiff elected to stand upon its demurrer, and refused to plead further. Thereupon judgment was rendered in favor of defendants for costs, and the plaintiff appeals. The further facts necessary to an understanding of the case will be stated in the…
1Opinion of the CourtBishop, J.
The petition as originally filed was in one count. The defendants moved the court that plaintiff be required to separate its petition into counts, and, this motion having been sustained, the plaintiff thereafter filed an amended and substituted petition in three counts. In the first count it is alleged, in substance, that plaintiff is the school township of Franklin, in Greene county, and known, prior to the adoption of the present Code, as the district township of Franklin; that as such it lias all the powers incident to a school township. It is then said that the defendants, Wiggins and six…
2Cases cited6 opinions
- People v. Rensselaer & Saratoga Rail RoadNew York Supreme Court · 1836
- People ex rel. Farrington v. WhitcombIllinois Supreme Court · 1870
- Mud Creek Draining Co. v. State ex rel. MarleyIndiana Supreme Court · 1873
- State v. City of LyonsSupreme Court of Iowa · 1871
- McDonald v. Board of SupervisorsMichigan Supreme Court · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Nelson v. Consol. Independent Sch. Dist. of Troy MillsSupreme Court of Iowa · 1917
- School Township v. Independent School DistrictSupreme Court of Iowa · 1907
- School Township v. WigginsSupreme Court of Iowa · 1909
- Walling v. Iowa Mutual Liability InsuranceSupreme Court of Iowa · 1940
- Dunn v. BurbankSupreme Court of Iowa · 1920
3 more not listed; retrieve them via the Exa API.