McShane v. Independent District of Pleasant Grove
Supreme Court of Iowa
Appeal from Black Hawk District Court. — Hon. D. J. Lenehan, Judge. Proceedings by certiorari to test the legality of a tax voted by the electors of the independent district of Pleasant Grove, in the county of Black Hawk, for highway purposes. A demurrer to the answer and return to the writ of certiorari was overruled.' The plaintiff electing to stand on the demurrer, judgment was rendered against him for costs, from which he appeals.
1Opinion of the CourtRobinson, J.
— For some years prior to 1873 the territory now included within the independent district of Pleasant Grove constituted the territory of sub-district No. 1 of the district township of Poyner. The school-house site within the territory has not been changed since 1860, and has never 'been accessible by a public highway. A school-house has been maintained thereon since 1860. In March, 1873, the sub-district, by proceedings duly had, became the independent district. The school-house can now be reached only by the sufferance of adjacent land-owners, and especially by the sufferance of plaintiff.…
2Cases cited3 opinions
- Clark v. MoodyMassachusetts Supreme Judicial Court · 1821
- Bellmeyer v. Independent DistrictSupreme Court of Iowa · 1876
- Independent District v. KelleySupreme Court of Iowa · 1881
3Cited by2 opinions
- Bogaard v. Independent District of PlainviewSupreme Court of Iowa · 1895
- Weiser v. McDowellSupreme Court of Iowa · 1895