District Township of Franklin v. Wiggins
Supreme Court of Iowa
Appeal from Green District Gourt.- — Hon. Z. A. Church,. Judge. Suit in equity to enjoin defendants from removing,, controlling, or in any manner interfering with a school house said to he located in the district township of Franklin, Greene county. Defendants plead that they' are the directors of the independent district of Cooper, in which said school house is located, and that they had full power and authority over the house, its furniture and belongings.
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Appeal from Green District Gourt.- — Hon. Z. A. Church,. Judge. Suit in equity to enjoin defendants from removing,, controlling, or in any manner interfering with a school house said to he located in the district township of Franklin, Greene county. Defendants plead that they' are the directors of the independent district of Cooper, in which said school house is located, and that they had full power and authority over the house, its furniture and belongings. Plaintiff, in reply, denies the legality of the organization of the independent district, which, it appears, was carved out of territory…
1Opinion of the Court
Deemer, J.-
For some time prior to the commencement of this suit the township of Franklin, in Greene county was organized for school purposes, under the name of the-“District Township of Franklin.” Within the limits of the-township was located the unincorporated village of Cooper. In February of the year 1896, the defendants and others,, *704who were residents of Cooper, held a secret meeting for the purpose of organizing an independent district. No notice •of this meeting was given. It was held at night, and only those known to be favorable to the project were invited. The meeting determined to…
2Cases cited3 opinions
- Dist. Twp. of Eden v. Ind. Dist. of TempletonSupreme Court of Iowa · 1887
- District Township of Viola v. District Township of AudubonSupreme Court of Iowa · 1876
- Independent District of Lynnville v. District Township of Lynn GroveSupreme Court of Iowa · 1891
3Cited by5 opinions
- School District of Oakland v. School District of JoplinSupreme Court of Missouri · 1937
- School Township v. WigginsSupreme Court of Iowa · 1909
- Dunn v. BurbankSupreme Court of Iowa · 1920
- Independent Dist. v. Consolidated Dist.Supreme Court of Iowa · 1942
- Independent School District of Jewell v. Consolidated School District of EllsworthSupreme Court of Iowa · 1942