Pierson v. Independent School District
Supreme Court of Iowa
Appeal from Sioux District Gottrt. — IIon. William Hutchinson, Judge. The claim for damages contained in the petition is based on the employment of the plaintiff as janitor for one year, and the breach of such contract by discharging him within four months without cause. There is no allegation in the petition of the presentation of this claim to the board of directors of the defendant, though the failure so to do is expressly averred in the answer.
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Appeal from Sioux District Gottrt. — IIon. William Hutchinson, Judge. The claim for damages contained in the petition is based on the employment of the plaintiff as janitor for one year, and the breach of such contract by discharging him within four months without cause. There is no allegation in the petition of the presentation of this claim to the board of directors of the defendant, though the failure so to do is expressly averred in the answer. The other issues need not be stated. Trial to jury, verdict and judgment for plaintiff,' and defendant appeals.-
1Opinion of the Court
Ladd, L.
As a condition precedent to the maintenance of an action against a school district, the claim on which it is based must be presented to the board of directors. Spencer Dist. Tp. v. Riverton Dist. Tp., 56 Iowa, 88. Omission to do so appeared on the. face of the petition, and, under the practice prior to the enactment of chapter 96, Acts Twenty-fifth General Assembly, the defect would be deemed waived by failure to demur. Weir Furnace Co. v. Independent School Dist. of Seymour, 99 Iowa, 116. Sections 2650 and 2651 of the Code of 1873 were amended by that chapter after the cited case had…
2Cases cited7 opinions
- McClain v. CapperSupreme Court of Iowa · 1896
- Linden v. GreenSupreme Court of Iowa · 1890
- Pardey v. Inc. Town of MechanicsvilleSupreme Court of Iowa · 1897
- Smith v. B., C. R. & N. R.Supreme Court of Iowa · 1882
- District Township of Spencer v. District Township of RivertonSupreme Court of Iowa · 1881
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3Cited by8 opinions
- Cahill v. Illinois Central RailroadSupreme Court of Iowa · 1908
- Watkins v. Iowa Central Railway Co.Supreme Court of Iowa · 1904
- Free v. Western Union Telegraph Co.Supreme Court of Iowa · 1907
- Howerton v. AugustineSupreme Court of Iowa · 1906
- Little v. Pottawattamie CountySupreme Court of Iowa · 1904
3 more not listed; retrieve them via the Exa API.