State v. Simpkins
Supreme Court of Iowa
Appeal from Marshall District Court. — Hon. S. M. Weaver, Judge. This is an action in the nature of a quo warranto, by which the right of the defendants to hold the office of directors of the independent school district of Le Grand, in Marshall county, is called in question. An injunction was issued, and served upon the defendants, by which they were temporarily restrained from performing the functions of the office.
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Appeal from Marshall District Court. — Hon. S. M. Weaver, Judge. This is an action in the nature of a quo warranto, by which the right of the defendants to hold the office of directors of the independent school district of Le Grand, in Marshall county, is called in question. An injunction was issued, and served upon the defendants, by which they were temporarily restrained from performing the functions of the office. The defendants filed an answer and a motion to dissolve the injunction. The plaintiff demurred to the answer. The demurrer was overruled, and the motion to dissolve the…
1Opinion of the CourtRothrock, J.
1. appeal: waived by petition. 2. injunction : warranto?10 I. The plaintiff assigns error upon the ruling of the court upon the demurrer to the answer, and the order dissolving the injunction, and counsel have discussed these questions to some extent. We do not think it proper to consider these rulings. They were superseded by the amended and substituted petition. It is only necessary to say that the injunction was improvidently issued. The action was commenced by the county attorney in the name of the state, and there was no ground for an injunction, there being no proper parties to execute…
2Cited by15 opinions
- State ex rel. Perine v. Van BeekSupreme Court of Iowa · 1893
- Territory Ex Rel. Johnston v. WoolseySupreme Court of Oklahoma · 1913
- Bremen Mining & Milling Co. v. BremenNew Mexico Supreme Court · 1905
- Columbia Savings & Loan Ass'n v. ClauseWyoming Supreme Court · 1904
- Dolan v. BaldridgeWashington Supreme Court · 1931
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