District Township of Coon v. Board of Directors
Supreme Court of Iowa
Appeal from Buena Vista Ci/rcuit Court It is stated in the petition that the plaintiff obtained a judgment in the District Court of said county for “ $1,578.86 damages, and $37770, costs; that of said judgment about $2,003.30 thereof was rendered on account of orders issued on the school-house fund, about $840.92 on account of orders on the teachers’ fund, and about $1,734.64 thereof on account of orders issued on the contingent fund;” that said judgment is wholly unpaid,…
Read the full summary
Appeal from Buena Vista Ci/rcuit Court It is stated in the petition that the plaintiff obtained a judgment in the District Court of said county for “ $1,578.86 damages, and $37770, costs; that of said judgment about $2,003.30 thereof was rendered on account of orders issued on the school-house fund, about $840.92 on account of orders on the teachers’ fund, and about $1,734.64 thereof on account of orders issued on the contingent fund;” that said judgment is wholly unpaid, and at a time when defendant’s board of directors were legally assembled “ the plaintiff demanded of said board the…
1Opinion of the CourtSeevers, J.
i. pleading: clflc;1 ^vaiver. I. That mandamus should not issue when it will prove unavailing; that the party asking for it mush show a clear right thereto, and that it must appear it is in the power and is the duty of the defendant to perform the act sought, is believed to be true.
The appellees insist the petition is defective in substance, and the motion in arrest properly sustained, because: 1. “No sufficient demand is alleged in that it did not specify the amount of the orders desired against each fund.” 2. “ It is not alleged that the amount of the debt against each fund was determined…
2Cited by1 opinion
- O'Connor v. Illinois Central Railway Co.Supreme Court of Iowa · 1891