Legal Opinion

National State Bank v. The Ind. Dist. of Marshall

Supreme Court of Iowa

Decided October 6, 1874PublishedCited by 4 opinions

Appeal from Henry District Ooxvrt. On the 28th of May, 1872, plaintiff filed a verified petition, claiming of the defendant the sum of $1,000, with interest from May 20tli, 1868, on account of a school house order of which the following is a copy: “No. 29. Marshall, May 20, 1868. The Treasurer of the Independent District of Marshall, County of ITenry, and State of Iowa, will pay to John Williams or bearer, the sum of one thousand dollars, out of the school house fund in said…

Read the full summary

Appeal from Henry District Ooxvrt. On the 28th of May, 1872, plaintiff filed a verified petition, claiming of the defendant the sum of $1,000, with interest from May 20tli, 1868, on account of a school house order of which the following is a copy: “No. 29. Marshall, May 20, 1868. The Treasurer of the Independent District of Marshall, County of ITenry, and State of Iowa, will pay to John Williams or bearer, the sum of one thousand dollars, out of the school house fund in said township. The above is due one year from date, with ten per cent interest after date until paid. $1,000. W. II. Frank,…

1Opinion of the CourtDay, J.

The case presents for onr consideration two questions: First, the right of plaintiff to recover upon the order sued on; second, plaintiff.’s right to recover upon the facts alleged in the amendment to the petition.

1. schooiimsaSon’onn-1*' constitutionalla'v' *4962.-: —: order: nego«ability. *495I. From the report of the referee it appears that at the time of issuing the order in question, the value of the taxable ' property of defendant was $50,278. Prior to that Bine defendant had issued warrants, which were outstanding, amounting to $¿,094.49. As an offset to this indebtedness, the only property…

2Cases cited4 opinions

  1. Clark v. City of Des MoinesSupreme Court of Iowa · 1865
  2. Reichard v. Warren CountySupreme Court of Iowa · 1871
  3. Winspear v. District Township of HolmanSupreme Court of Iowa · 1873
  4. Shepherd v. District TownshipSupreme Court of Iowa · 1867

3Cited by4 opinions

  1. Sackett v. City of New AlbanyIndiana Supreme Court · 1883
  2. Grand Island & Northern Wyoming Railroad v. BakerWyoming Supreme Court · 1896
  3. Swanson v. City of OttumwaSupreme Court of Iowa · 1906
  4. Mosher v. Independent School DistrictSupreme Court of Iowa · 1876

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API