Ries v. Hemmer
Supreme Court of Iowa
Appeal 'from Johnson District Count. — ■ HoN. O. A. ByiNG-toN, Judge. ActioN by plaintiff, as a taxpayer, to restrain tbe defendants, constituting tbe board of directors of tbe independent school district of Iowa City, from paying to certain booksellers any sums of money under assumed contracts with them for taking charge of and selling school books. Decree for defendants.
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Appeal 'from Johnson District Count. — ■ HoN. O. A. ByiNG-toN, Judge. ActioN by plaintiff, as a taxpayer, to restrain tbe defendants, constituting tbe board of directors of tbe independent school district of Iowa City, from paying to certain booksellers any sums of money under assumed contracts with them for taking charge of and selling school books. Decree for defendants. Defendants appeal from the sustaining of a motion to strike certain allegations from defendants’ answer, and plaintiff appeals from a decree in favor of defendants. ’ Plaintiff will be treated as appellant.
1Opinion of the CourtMoClaiN, J.
1. Schools: sale of books injunction: rights of taxpayer. By section 2824 of the chapter of the Code relating to uniformity, purchase, and loaning of school text-books, it is provided that the board of directors of a school corporation may adopt text-books and contract for and buy said books, and sell the same to the pupils of their respective districts at cost, the proceeds of the sales to be turned into the contingent fund — and that books so purchased shall be under the charge of the board, who may select one or more persons within the county to keep the same for sale, and that, to insure…
2Cases cited4 opinions
- Merriam v. Moody's ExecutorsSupreme Court of Iowa · 1868
- City of Keokuk v. ScroggsSupreme Court of Iowa · 1874
- Bellmeyer v. Independent DistrictSupreme Court of Iowa · 1876
- Bush v. City of DubuqueSupreme Court of Iowa · 1886
3Cited by4 opinions
- Haas v. Independent School District No. 1South Dakota Supreme Court · 1943
- Downey v. City of Sioux CitySupreme Court of Iowa · 1929
- Lee v. Independent School DistrictSupreme Court of Iowa · 1910
- Schmidt v. BlairSupreme Court of Iowa · 1927