Legal Opinion

Knoxville National Bank v. Independent District of Washington

Supreme Court of Iowa

Decided June 16, 1875PublishedCited by 6 opinions

Appeal from Marion Circuit Court. The plaintiff filed in tbe Marion Circuit Court its petition, in substance stating that during tlie year 1872, the District Township of Washington, in Marion County, was organized and acting as a school district, and, while so acting, for services rendered in sub-district No. 9 therein, as a teacher, by one Benjamin S. Kirk, it issued to him on the 6th day of August, 1872, an order on the teacher’s fund for ninety dollars, which order, the…

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Appeal from Marion Circuit Court. The plaintiff filed in tbe Marion Circuit Court its petition, in substance stating that during tlie year 1872, the District Township of Washington, in Marion County, was organized and acting as a school district, and, while so acting, for services rendered in sub-district No. 9 therein, as a teacher, by one Benjamin S. Kirk, it issued to him on the 6th day of August, 1872, an order on the teacher’s fund for ninety dollars, which order, the said Kirk about the 10th day of August, 1872, presented to the treasurer of said District Township for payment, and that…

1Opinion of the CourtDay, J.

The demurrer, we think, was rightly sustained. "We concede, as appellant claims, that a municipal corporation 1. school dis-of: action. cannot defeat the claims of its creditors by abandoning or changing its corporate capacity. When the service in question was rendered and the order was drawn, the school district township of Washington, embracing the territory included in nine sub-districts, and now included in nine Independent school districts, was liable therefor. Although the service was directly rendered in sub-district number nine, yet that sub-district had no corporate capacity, and was…

2Cases cited1 opinion

  1. Stevenson & Rice v. District Township of SummitSupreme Court of Iowa · 1872

3Cited by6 opinions

  1. State ex rel. Pritchard v. GrefeSupreme Court of Iowa · 1908
  2. Kennedy v. Independent School DistrictSupreme Court of Iowa · 1878
  3. Independent School District v. District CourtSupreme Court of Iowa · 1878
  4. District Township of White Oak v. District Township OskaloosaSupreme Court of Iowa · 1879
  5. Gamble v. Rural Independent School Dist.Court of Appeals for the Eighth Circuit · 1906

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