Independent School Districts v. Independent School District No. 2
Supreme Court of Iowa
Appeal from Johnson Circuit Com't. The plaintiffs are eight independent school districts of Graham township, Johnson county. This action was brought to recover of the defendant, an independent school district in said township, certain sums of money which it is claimed are due the plaintiffs respectively.
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Appeal from Johnson Circuit Com't. The plaintiffs are eight independent school districts of Graham township, Johnson county. This action was brought to recover of the defendant, an independent school district in said township, certain sums of money which it is claimed are due the plaintiffs respectively. It is averred that while the organization as a district township existed it was the custom for each sub-district to pay the expense of building its own school-house, and that while it was so organized a schoolhouse was built in said district No. 2, and that the cost thereof was unpaid; that…
1Opinion of the Court
Rothrock, I.
i. parties: misjoinder: practice. I. The point is made that a motion is not allowable where there is a misjoinder of parties, and that the petition should have been attacked by demurrer. That a motion is the correct practice, see Dist. Tp. of White Oak v. Dist. Tp. of Oskaloosa, 44 Iowa, 512; King v. King, 40 Id., 120; Beckwith et ux. v. Dargets, 18 Id., 303.
II. In Skiff v. Cross, 21 Iowa, 459, it was held that sureties might properly unite as plaintiffs in an action against their principal to recover money paid for the principal, each surety having paid an equal amount. In the…
2Cases cited3 opinions
- Bort v. YawSupreme Court of Iowa · 1877
- Skiff v. CrossSupreme Court of Iowa · 1866
- District Township v. District TownshipSupreme Court of Iowa · 1876
3Cited by5 opinions
- Miller v. Keokuk & Des Moines R'y Co.Supreme Court of Iowa · 1883
- Dolan v. HubingerSupreme Court of Iowa · 1899
- Graves v. Merchants & Bankers' InsuranceSupreme Court of Iowa · 1891
- State ex rel. Havner v. Des Moines Union Stock Yards Co.Supreme Court of Iowa · 1924
- Gibson v. Union CountySupreme Court of Iowa · 1929