Dist. Twp. v. Ind. Dist.
Supreme Court of Iowa
Appeal from Webster District Oou/rt. Action for a writ of mandamus to compel the several boards of directors of the defendant districts to meet and apportion among themselves a certain alleged liability. The defendants demurred to the plaintiff’s petition, assigning nine grounds of demurrer. The court overruled the demurrer as to eight grounds, and sustained it as to one. The plaintiff electing to stand by its petition, judgment was rendered against it for costs.
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Appeal from Webster District Oou/rt. Action for a writ of mandamus to compel the several boards of directors of the defendant districts to meet and apportion among themselves a certain alleged liability. The defendants demurred to the plaintiff’s petition, assigning nine grounds of demurrer. The court overruled the demurrer as to eight grounds, and sustained it as to one. The plaintiff electing to stand by its petition, judgment was rendered against it for costs. Both parties appeal, the plaintiff perfecting its appeal first.
1Opinion of the CourtAdams, J.
The court sustained the defendants’ demurrer upon the ground that the plaintiff’s cause of action was barred by the statute of limitations. In our opinion the court should have overruled the demurrer upon this ground, and sustained it upon a different ground. The petition, to our minds, shows very clearly that the plaintiff never had a cause of action against these defendants. The demurrer raised this question. If the court had sustained it upon this ground, the plaintiff might possibly (though not probably) have elected to amend. The plaintiff comes here now upon the theory that he had a…
2Cases cited2 opinions
- Boynton v. District TownshipSupreme Court of Iowa · 1872
- Ind. School District v. Ind. School DistrictSupreme Court of Iowa · 1875
3Cited by5 opinions
- State ex rel. Pritchard v. GrefeSupreme Court of Iowa · 1908
- District Twp. of Clay v. Independent Dist.Supreme Court of Iowa · 1886
- Hartman Steel Co. v. E. Hoag & SonSupreme Court of Iowa · 1897
- Gamble v. Rural Independent School Dist.Court of Appeals for the Eighth Circuit · 1906
- Fairfield v. Rural Independent School Dists. of Allison & JacksonU.S. Circuit Court for the District of Iowa · 1901