Legal Opinion · Dissent

Cutler v. Board of Directors

Supreme Court of Iowa

Decided October 28, 1915Published

Appeal from Polk District Court. — Hon W. H. McHenry, Judge. Action of mandamus to compel the defendant board of directors to call an election for the organization of a new district. Petition was dismissed and plaintiffs appeal.

1Dissent

Preston, J.,

dissenting. — I regret that I am unable to agree with my brothers in this matter which to them seems so plain. It appears to me that there is some conflict between some of the sections of the statute, particularly Sees. 2794 and 2798. I am willing to admit that a close question is presented. To arrive at the conclusion of the majority, it seems to me that the provisions of Sec. 2798 are overlooked or ignored. That section is as follows:

“See. 2798. Independent districts may subdivide for the purpose of forming two or more independent districts, or have territory detached to be…

2Cases cited8 opinions

  1. Rural Independent School District Number Ten v. New Independent School DistrictSupreme Court of Iowa · 1903
  2. Munn v. School Township of Soap CreekSupreme Court of Iowa · 1900
  3. School District v. Independent School DistrictSupreme Court of Iowa · 1910
  4. School Corp. v. Independent School DistrictSupreme Court of Iowa · 1913
  5. School Township v. Independent School DistrictSupreme Court of Iowa · 1907

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API