Sterling School Furniture Co. v. Harvey
Supreme Court of Iowa
Appeal from Clay District Court. The petition contains the following averments: The plaintiff is the owner of a judgment against the district township of Spencer, in Olay county, which judgment was obtained against the school house fund of said district. On 27th day of February, 1875, the school board of said township issued to the plaintiff its order upon the treasurer of said district directing him to pay said judgment from the school house judgment fund.
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Appeal from Clay District Court. The petition contains the following averments: The plaintiff is the owner of a judgment against the district township of Spencer, in Olay county, which judgment was obtained against the school house fund of said district. On 27th day of February, 1875, the school board of said township issued to the plaintiff its order upon the treasurer of said district directing him to pay said judgment from the school house judgment fund. The said order was not paid for want of funds. At the regular meeting of the school board of said township, said board voted a…
1Opinion of the CourtEothrock, J.
i. taxation: uporu'sohooi district. It is conceded that the judgment in question was obtained upon warrants against the school house f'und> and the only question is, are the defendants required by law to levy a tax for the payment of the judgments, in addition to ten mills on the dollar.
The Code, Sec. 1780, provides that the amount levied for school house fund shall not exceed ten mills on the dollar on the property of any district.
*468• Sec. 1787 provides, “when a judgment has been obtained against a school district the board of directors shall pay off and satisfy the same from the proper fund,…
2Cases cited1 opinion
- Iowa Railroad Land v. County of SacSupreme Court of Iowa · 1874
3Cited by2 opinions
- Grand Island & Northern Wyoming Railroad v. BakerWyoming Supreme Court · 1896
- Richards v. Supervisors of Lyon CountySupreme Court of Iowa · 1886