Legal Opinion

Ind. Dist. of Union v. Ind. Dist. of Cedar Rapids

Supreme Court of Iowa

Decided December 15, 1883PublishedCited by 6 opinions

Appeal from, Li/nn District Oourt. The plaintiff’s petition in substance alleges that certain territory, comprising four hundred and eighty acres, is included within the boundaries of plaintiff, and that, on the ninth day of April, 1881, the county superintendent of Linn county, without any power or authority, made an order detaching said territory from the plaintiff, and attaching it to the defendant; that the assessor of Rapids township, in which said lands are situated,…

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Appeal from, Li/nn District Oourt. The plaintiff’s petition in substance alleges that certain territory, comprising four hundred and eighty acres, is included within the boundaries of plaintiff, and that, on the ninth day of April, 1881, the county superintendent of Linn county, without any power or authority, made an order detaching said territory from the plaintiff, and attaching it to the defendant; that the assessor of Rapids township, in which said lands are situated, listed and assessed said lands for taxation, for the year 1881, as lying and being situated in the Independent District…

1Opinion of the Court

Day, Ch. J.

I. The order of the county superintendent detaching the territory in question from the plaintiff and attaching . .. aries • power' perintSSent’ to change. it to the defendant, purports to be made by virtue of authority vested in the county superintendent ^7 a decision of this court in the case of Eason et al. v. Douglass et al., 55 Iowa, 390. This case simply expresses the opinion that the county superintendent may change the- boundaries of independent districts under the joint provisions of sections 1797 and 1806 of the Code. Section 1797 of the Code provides that in cases where,…

2Cases cited5 opinions

  1. State v. SquiresSupreme Court of Iowa · 1868
  2. City of Dubuque v. Illinois Central RailroadSupreme Court of Iowa · 1874
  3. Ex parte PritzSupreme Court of Iowa · 1859
  4. Independent School District v. City of BurlingtonSupreme Court of Iowa · 1883
  5. Eason v. DouglassSupreme Court of Iowa · 1880

3Cited by6 opinions

  1. Board of Com'rs of Garfield County v. WorrellSupreme Court of Oklahoma · 1912
  2. State ex rel. Budge v. SnyderWyoming Supreme Court · 1923
  3. School Township v. Independent School DistrictSupreme Court of Iowa · 1899
  4. Cook v. HannahSupreme Court of Iowa · 1941
  5. Field v. SamuelsonSupreme Court of Iowa · 1930

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