Legal Opinion

Carpenter v. Independent District No. 5

Supreme Court of Iowa

Decided May 31, 1895PublishedCited by 7 opinions

Appeal from Tama District Court. — Hon. J. R. Caldwell, Judge. Action of mandamus to compel the relocation of a schoolhouse site. A demurrer to the answer was filed but overruled, the plaintiffs elected to stand on their demurrer, and judgment was rendered in favor of the defendants. The plaintiffs appeal.

1Opinion of the CourtRobinson, J.

The defendants are the independent district No. 5, in Columbia township, Tama county, Iowa, and three persons who are duly acting as its directors. The plaintiffs are resident taxpayers of the district, and patrons of its school. The facts set out in the pleadings and admitted by the demurrer are substantially as follows: In March, 1891, the plaintiffs presented to the board of directors of the district a petition asking that the site of the schoolhouse be changed to a point designated as “at the center of the original district,” and the petition was, in effect, granted on the *301■tenth day of…

2Cases cited4 opinions

  1. Hightower v. OverhaulserSupreme Court of Iowa · 1884
  2. Newby v. FreeSupreme Court of Iowa · 1887
  3. Vance v. District TownshipSupreme Court of Iowa · 1867
  4. Atkinson v. HutchinsonSupreme Court of Iowa · 1885

3Cited by7 opinions

  1. County Board of Education Ex Rel. Bremer County v. ParkerSupreme Court of Iowa · 1951
  2. Munn v. School Township of Soap CreekSupreme Court of Iowa · 1900
  3. James v. GettingerSupreme Court of Iowa · 1904
  4. State ex rel. Arnold v. ThomasSupreme Court of Iowa · 1911
  5. Doubet ex rel. the taxpayers of the Independent School District v. Board of Directors of Independent DistrictSupreme Court of Iowa · 1907

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