Legal Opinion

Kinney v. Howard

Supreme Court of Iowa

Decided January 17, 1907PublishedCited by 24 opinions

Appeal from Cedar District Court.— Hon. J. H. Preston, Judge. This is a suit in equity to enjoin defendants from erecting a schoolhouse, from collecting a tax claimed to have been voted for that purpose, from paying out any taxes for the' building of the schoolhouse, and for other relief. Upon presentation of the petition to one of the judges of the Eighteenth judicial district of Iowa, a temporary injunction was issued as prayed.

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Appeal from Cedar District Court.— Hon. J. H. Preston, Judge. This is a suit in equity to enjoin defendants from erecting a schoolhouse, from collecting a tax claimed to have been voted for that purpose, from paying out any taxes for the' building of the schoolhouse, and for other relief. Upon presentation of the petition to one of the judges of the Eighteenth judicial district of Iowa, a temporary injunction was issued as prayed. Motion to dissolve the temporary writ was overruled, defendants answered, and the case went to trial upon the merits, resulting in a decree dismissing plaintiff’s…

1Opinion of the Court

Deemer, J.—

At a regular meeting of the electors of Gower school township, in Oedar county, Iowa, held on March 13, 1905, an apparent majority vote was cast in favor of building a new schoolhouse in district No. 1 and levying' a tax of $800 for the purpose of meeting the cost thereof. It was also voted to locate the house at the corner of sections 3, 4, 9 and 10. There was an old schoolhouse in said district, something like three-quarters of a mile from the place where the new one was to be erected; but the board of di*96rectors, the electors concurring therein, proposed to move the site to the…

2Cases cited18 opinions

  1. City of St. Louis v. RussellSupreme Court of Missouri · 1893
  2. Maxwell v. Bay City Bridge Co.Michigan Supreme Court · 1879
  3. Birdsall v. . ClarkNew York Court of Appeals · 1878
  4. Thomson v. Mayor of BoonvilleSupreme Court of Missouri · 1875
  5. McCrowell v. City of BristolSupreme Court of Virginia · 1893

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3Cited by24 opinions

  1. Myron Dennis Behm, Burton J. Brooks, Bobby Lee Langston, David Leon Brodsky, Jeffrey R. Olson, and Geoff Tate Smith v. City of Cedar Rapids and Gatso USA, Inc.Supreme Court of Iowa · 2019
  2. State Ex Rel. Wahl v. SpeerSupreme Court of Missouri · 1920
  3. Bunger Ex Rel. Bunger v. Iowa High School Athletic Ass'nSupreme Court of Iowa · 1972
  4. Gabrilson v. FlynnSupreme Court of Iowa · 1996
  5. Younker v. SusongSupreme Court of Iowa · 1916

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

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