Bogaard v. Independent District of Plainview
Supreme Court of Iowa
Appeal from Marion District Court. — Hon. A. W. Wilkinson, Judge. Action in equity to enjoin defendants from collecting and: appropriating a certain tax to th'e establishment of a highway. Defendants- demurred upon the ground that the facts stated ini the petition do not entitle the plaintiffs to the relief prayed for. The demurrer was sustained, amid, plaintiffs electing to stand on their petition, judgment was entered dismissing the same, from which they appeal.
1Opinion of the Court
Given, O. J.
I. The petition shows as ground for the relief ashed, in substance, this: That the board of directors of the defendant independent district adopted a resolution applying and .appropriating two hundred and fifty dollars, to pay for establishing and opening a certain highway in the district; that the school house is situated on a north and south highway, and that the proposed1 highway is east and west, intersecting said existing highway about three-quarters, of a mile from said school house; wherefore i.t is alleged that said board had no jurisdiction to appropriate said money for…
2Cases cited4 opinions
- Marshall v. SloanSupreme Court of Iowa · 1872
- Albin v. Board of Directors of the Independent DistrictSupreme Court of Iowa · 1882
- Bellmeyer v. Independent DistrictSupreme Court of Iowa · 1876
- McShane v. Independent District of Pleasant GroveSupreme Court of Iowa · 1888
3Cited by6 opinions
- Kinzer v. Directors of Independent School DistrictSupreme Court of Iowa · 1906
- Anderson v. SchwitzerSupreme Court of Iowa · 1945
- Hume v. Independent School DistrictSupreme Court of Iowa · 1917
- Cowell v. Water Supply Co.Supreme Court of Iowa · 1906
- Brockway v. Board of SupervisorsSupreme Court of Iowa · 1907
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