Legal Opinion

Hume v. Independent School District

Supreme Court of Iowa

Decided September 24, 1917PublishedCited by 10 opinions

Appeal from Polk District Court. — Hubert Utterback, Judge. Action in equity to enjoin defendant from expelling Thomas D. Hatton, a nephew of plaintiff’s, from the West Des Moines High School because of the nonpayment by plaintiff or anyone for said minor of tuition for schooling and instruction, and to recover $50.75 already paid by appellant to defendant school board on account of tuition for said boy, which pajunent is alleged to have been made under protest and because…

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Appeal from Polk District Court. — Hubert Utterback, Judge. Action in equity to enjoin defendant from expelling Thomas D. Hatton, a nephew of plaintiff’s, from the West Des Moines High School because of the nonpayment by plaintiff or anyone for said minor of tuition for schooling and instruction, and to recover $50.75 already paid by appellant to defendant school board on account of tuition for said boy, which pajunent is alleged to have been made under protest and because of coercion and duress by defendant. There was a demurrer to the petition, which was sustained, and, plaintiff refusing…

1Opinion of the CourtPreston, J.

schools and ibiciSL: governlawíúi demand for tuition : remedy. So much of the petition filed March 25, 1915, as appears to be necessary to a determination of the case is substantially this: Plaintiff is, and tor more than 30 years has been, a resident, citizen and heavy taxpayer of the city of Des Moines and the defendant school district; Thomas D. Hatton, a minor about 19 years of age, prior to August 29,1911, lived with his parents in Humboldt County, Iowa, which is still the place of residence and domicile of his parents; at about the date last mentioned, said minor left Humboldt County,…

2Cases cited25 opinions

  1. Richmond v. Dubuque & Sioux City R. R.Supreme Court of Iowa · 1871
  2. Clark v. Board of DirectorsSupreme Court of Iowa · 1868
  3. Kinzer v. Directors of Independent School DistrictSupreme Court of Iowa · 1906
  4. Perkins v. Board of Directors of the Independent School DistrictSupreme Court of Iowa · 1881
  5. Burkhead v. Independent School DistrictSupreme Court of Iowa · 1898

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3Cited by10 opinions

  1. Dunham v. DunhamSupreme Court of Iowa · 1920
  2. Security National Bank v. BagleySupreme Court of Iowa · 1926
  3. Hufford v. HerroldSupreme Court of Iowa · 1920
  4. Consolidated Construction Co. v. BegunckSupreme Court of Iowa · 1943
  5. School Township of Seventy-Six of Muscatine County v. NicholsonSupreme Court of Iowa · 1939

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