Hightower v. Overhaulser
Supreme Court of Iowa
Appeal from Madison Circuit Court. This is an action oe mandamus. The defendants consti-. tute the board of directors and officers of the district township of Madison.
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Appeal from Madison Circuit Court. This is an action oe mandamus. The defendants consti-. tute the board of directors and officers of the district township of Madison. It is alleged in the petition that said district township is situated within th#civil township of Madison, and includes all the territory thereof except section 6; that the independent district of Earlham was formed originally out of-the townships of Penn and Madison, and includes said section 6 of Madison township; that on the seventeenth of September, 1883, plaintiff and others petitioned the board of directors of the…
1Opinion of the CourtSeevers, J.
The trial judge has certified that this ease involves the determination of two questions of law upon which it is desirable to, have the opinion of this court. In *349effect, these questions are: (1) whether, upon the facts as they are alleged in the petition and admitted in the answer, the action of mandamus will lie to compel the board of the district township to act on the petition of the plaintiff, and the request of the board of the independent district, that it concur in the action of the latter board with reference to the proposed change in the boundaries between the two districts; and (2)…
2Cases cited1 opinion
- Albin v. Board of Directors of the Independent DistrictSupreme Court of Iowa · 1882
3Cited by6 opinions
- Young v. Regents of University of KansasSupreme Court of Kansas · 1912
- Dist. Twp. of Eden v. Ind. Dist. of TempletonSupreme Court of Iowa · 1887
- Carpenter v. Independent District No. 5Supreme Court of Iowa · 1895
- Claussen v. PerrySupreme Court of Iowa · 1956
- Odendahl v. RussellSupreme Court of Iowa · 1892
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