Legal Opinion

State ex rel. Davitt v. Crow

Supreme Court of Iowa

Decided May 21, 1919PublishedCited by 2 opinions

Appeal from Warren District Court. — Lorix N. Hays, Judge. Action in quo warranto to test the legality of the formation of a consolidated independent school district. Opinion states the facts. The case was decided on demurrer. The district court held the consolidated district legally formed, and dismissed plaintiffs’ petition. Plaintiffs appeal.

1Opinion of the CourtGaynor, J.

This action is brought in quo warranto to test the legality of the formation of the Consolidated Independent School District of Martensdale, Warren County. The plaintiffs are residents and taxpayers within the district. The petition was filed on the 10th day of December, 1917. A demurrer was filed to the petition and sustained, and plaintiffs appeal.

The court held that the district was properly organized under the provisions of Section 2794-a, Supplemental Supplement, 1915, as amended by Chapter 432 of the Acts of the Thirty-seventh General Assembly, being an act to amend Section 2794-a of…

2Cases cited5 opinions

  1. Stephens v. People ex rel. RafterIllinois Supreme Court · 1878
  2. Clarke v. Board of SupervisorsIllinois Supreme Court · 1862
  3. Charles H. Force & Co. v. Town of BataviaIllinois Supreme Court · 1871
  4. Jacksonville, Northwestern & Southeastern Railroad v. Town of VirdenIllinois Supreme Court · 1882
  5. State ex rel. Sexauer v. BuckNebraska Supreme Court · 1882

3Cited by2 opinions

  1. Peterson Co. v. FreeburnSupreme Court of Iowa · 1927
  2. Leslie v. BarnesSupreme Court of Iowa · 1926

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