Vance v. District Township
Supreme Court of Iowa
Appeal from Muscatine District Oowrt. . The substance of the plaintiffs’ case is soon stated. They seek to restrain the defendant by injunction, from changing the site of the school-house in sub-district No. 5, where it is now built, to another location in the same district.
Read the full summary
Appeal from Muscatine District Oowrt. . The substance of the plaintiffs’ case is soon stated. They seek to restrain the defendant by injunction, from changing the site of the school-house in sub-district No. 5, where it is now built, to another location in the same district. The grounds of this application are as follows: That the school-house was built ten years ago at a cost of $900; that it is sufficiently capacious to accommodate the wants of the district; its present location more convenient for all the children to attend than would be the contemplated new site; that it could not be…
1Opinion of the Court
Lowe, Ch. J.
School: aSift board! remedy. The bill of complaint is without equity and was Very properly dismissed. The power to fix, carries with it the power to change, the site of a school-house, by the district board. In doing g0 cas0j jj. jg no¿ charged that the board acted beyond its power or jurisdiction, or that it acted oppressively, fraudulently or illegally, or even irregularly. There is, therefore, nothing in the complaint to call for the exercise of the equitable powers of a court. All unwise or inexpedient action of the board, whether of law or fact, when done within its powers,…
2Cited by6 opinions
- Munn v. Independent School District of JeffersonSupreme Court of Iowa · 1920
- James v. GettingerSupreme Court of Iowa · 1904
- Carpenter v. Independent District No. 5Supreme Court of Iowa · 1895
- Newby v. FreeSupreme Court of Iowa · 1887
- Atkinson v. HutchinsonSupreme Court of Iowa · 1885
1 more not listed; retrieve them via the Exa API.