Kane v. Independent School District of Rock Rapids
Supreme Court of Iowa
Appeal fro'" Lyon District Court. — IIon. George W. Wakeeield, Judge. This is an action of mandamus, by wbicli it is sought to compel .the defendants to levy taxes to pay a certain judgment which the plaintiff recovered against the defendant, the independent school district of Rock. Rapids.
Read the full summary
Appeal fro'" Lyon District Court. — IIon. George W. Wakeeield, Judge. This is an action of mandamus, by wbicli it is sought to compel .the defendants to levy taxes to pay a certain judgment which the plaintiff recovered against the defendant, the independent school district of Rock. Rapids. After the j udgment was recovered, the territory composing said district was divided into several districts, and it is claimed that each district should levy á tax and pay its proportionate share of the judgment. The defendants, by answer, admitted the rendition of the judgment, but averred that the same…
1Opinion of the Court
Rotheook, J..
There is no direct evidence upon which to base a finding that the judgment was. procured by collusion between the plaintiffs and the directors of the district. But the court correctly found from the evidence that, at the time the order was reissued, the valuation of the taxable property, as shown by preceding state and county tax lists, was eighty-eight thousand, nine hundred and three dollars, and the district was indebted in the sum of forty thousand dollars, and had no assets, and that it continued in debt in said sum until after the issuing of the warrant for the payment of…
2Cases cited4 opinions
- Kelley v. MilanSupreme Court of the United States · 1888
- French v. City of BurlingtonSupreme Court of Iowa · 1876
- S. C. & St. P. R. Co. v. County of OsceolaSupreme Court of Iowa · 1876
- Independent School District v. SchreinerSupreme Court of Iowa · 1877
3Cited by21 opinions
- Earles v. WellsWisconsin Supreme Court · 1896
- City of Laporte v. Gamewell Fire Alarm Telegraph Co.Indiana Supreme Court · 1896
- Warren v. County of StantonNebraska Supreme Court · 1944
- Edmundson v. Independent School DistrictSupreme Court of Iowa · 1896
- Howard v. City of HuronSouth Dakota Supreme Court · 1894
16 more not listed; retrieve them via the Exa API.