Legal Opinion

Mt. Hope School District v. Hendrickson

Supreme Court of Iowa

Decided February 5, 1924PublishedCited by 8 opinions

Appeal from Warren District Court. — W. G. Vander Ploeg, Judge. ACTION to enjoin the auditor of Warren County, Iowa, from issuing a warrant in favor of the defendant school district for tuition of two pupils who, as alleged by plaintiff, are not "residents of the plaintiff district. The trial court dismissed plaintiff’s petition, and entered judgment for costs. Plaintiff appeals. —

1Opinion of the CourtDe GRAEf, J.

This appeal involves a matter of definition and its application to undisputed "facts. What constitutes actual residence of a person of school age, within the purview of our statute? It is provided:

‘ ‘ Every school shall be free of tuition to all actual residents between the ages of five and twenty-one years.” Section 2773, Supplement to the Code, 1913.

• It is further provided:

“Any person of school age who is a resident of a school corporation which does not offer a four-year high-school course and who has completed the. course as approved by the department of public instruction for such…

2Cases cited6 opinions

  1. Yale v. West Middle School DistrictSupreme Court of Connecticut · 1890
  2. Schlawig v. De PeysterSupreme Court of Iowa · 1891
  3. In re the Estate of TitteringtonSupreme Court of Iowa · 1906
  4. McNish v. State ex rel. DimickNebraska Supreme Court · 1905
  5. State ex rel. Smith v. Board of EducationWisconsin Supreme Court · 1897

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3Cited by8 opinions

  1. Harris v. HarrisSupreme Court of Iowa · 1927
  2. Independent School District v. ChristiansenSupreme Court of Iowa · 1951
  3. Maria Arredondo v. M. L. BrocketteCourt of Appeals for the Fifth Circuit · 1981
  4. Arredondo Ex Rel. Lopez v. BrocketteDistrict Court, S.D. Texas · 1979
  5. School Township of Seventy-Six of Muscatine County v. NicholsonSupreme Court of Iowa · 1939

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