Cross v. District Township
Supreme Court of Iowa
Appeal from Iowa District Court. P'laintiff declares upon the following instrument: “$347.78. “April 8, 1861. “ To Franklin Mussetter, Treasurer of District Township of Dayton: “ Pay B. N. Cross, or order, the sum of three hundred and forty-seven and dollars out of the school-house fund, for labor performed and material furnished in the erection of a school-house iu sub-district number seven, formerly of District Township of Dayton, in the county of Iowa, and.State of Iowa,…
Read the full summary
Appeal from Iowa District Court. P'laintiff declares upon the following instrument: “$347.78. “April 8, 1861. “ To Franklin Mussetter, Treasurer of District Township of Dayton: “ Pay B. N. Cross, or order, the sum of three hundred and forty-seven and dollars out of the school-house fund, for labor performed and material furnished in the erection of a school-house iu sub-district number seven, formerly of District Township of Dayton, in the county of Iowa, and.State of Iowa, as per contract made with John ■Zimmerman, former president of said District Township on the 12th day of November, 1859.…
1Opinion of the CourtWright, J.
The causes of demurrer assigned, were: 1. That defendant by drawing and delivering the instrument sued on, paid and satisfied plaintiff’s claim, in the manner required by law. 2. That plaintiff’s remedy is by mandamus to enforce the levy of a tax, and that he cannot have judgment as for a money demand to be enforced by execution.
To sustain this demurrer, we are referred to § 2095 of the Revision, as follows: “ When a judgment has been obtained against a school district, it shall be the duty of the board of directors to pay off and satisfy the same from the proper fund by an order on the…
2Cited by1 opinion
- Boynton v. District TownshipSupreme Court of Iowa · 1872