Legal Opinion

Hughes v. Hugus

Supreme Court of Iowa

Decided April 4, 1922PublishedCited by 1 opinion

Appeal from Montgomery District Court.- — George W. Cullison, Judge. This is an action in equity, brought by individuals, in which they allege that the consolidated independent school district of Elliott was never properly organized, and they ask that it be so decreed, and that because thereof the officers of the district have no authority to assess or levy any tax upon the property in the district for the use of the district.

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Appeal from Montgomery District Court.- — George W. Cullison, Judge. This is an action in equity, brought by individuals, in which they allege that the consolidated independent school district of Elliott was never properly organized, and they ask that it be so decreed, and that because thereof the officers of the district have no authority to assess or levy any tax upon the property in the district for the use of the district. Plaintiffs ask that defendants be enjoined from so acting, and that the defendants composing the board of directors be enjoined from exercising any right or control of…

1Opinion of the CourtPreston, J.

— It appears that this was the second election or attempted consolidation of this district. In September, 1919, a proper petition with the requisite number of names was filed with the county superintendent of Montgomery County, asking that a consolidated independent school district be formed, including the town of Elliott and a considerable amount of contiguous territory in Montgomery, Cass, and Pottawattamie .Counties. In the course of the proceedings, the matter came up before -the county board of education upon appeal, and the district and the boundaries thereof were fixed. As we…

2Cases cited4 opinions

  1. Nelson v. Consol. Independent Sch. Dist. of Troy MillsSupreme Court of Iowa · 1917
  2. State ex rel. Ondler v. RoweSupreme Court of Iowa · 1919
  3. Hufford v. HerroldSupreme Court of Iowa · 1920
  4. Haines v. Board of DirectorsSupreme Court of Iowa · 1917

3Cited by1 opinion

  1. Cook v. Consolidated School DistrictSupreme Court of Iowa · 1949

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