District Township of Viola v. District Township of Audubon
Supreme Court of Iowa
Appeal from Audubon Circuit Court. ■ In March, 1874, there was a re-organization of school districts, and a portion of the territory theretofore forming a part of the defendant was attached to and became a part of the plaintiff, and this action is brought for the purpose of obtaining a division of the assets. The cause was referred, and upon the coming in of the report the court rendered judgment thereon, and the defendant appeals.
1Opinion of the Court
Seevers, Ch. J.
1. schoox. visionoi terntory: assets, That there may be a division of the assets upon the re-organization of school districts, and also the tribunal by whom such division shall be made, is prescribed by statute. Section 1715 of the Code provides: 1. That the old board of directors shall act for both the old and new districts until the latter elects a board. 2. The respective boards of the new and old districts shall then make an equitable division of the assets; and 3. In case of their failure to agree, the matter shall be decided by arbitrators chosen by the parties in…
2Cases cited1 opinion
- Ind. School District v. Ind. School DistrictSupreme Court of Iowa · 1875
3Cited by5 opinions
- State v. BelvelSupreme Court of Iowa · 1893
- District Township of Franklin v. WigginsSupreme Court of Iowa · 1899
- Fort Dodge Lumber Co. v. RogoschSupreme Court of Iowa · 1916
- Independent Dist. v. Consolidated Dist.Supreme Court of Iowa · 1942
- Independent School District of Jewell v. Consolidated School District of EllsworthSupreme Court of Iowa · 1942