District Township v. District Township
Supreme Court of Iowa
Appeal from Mahaska District Court. The plaintiff alleges in substance that the District Township of White Oak and the District Township of Oskaloosa was each respectively a municipal corporation, duly created and acting; that about the 22d day of June, 1867, the superintendent of schools, with the consent of the respective boards of directors of said corporations, attached a portion of Oskaloosa township to the District Township of White Oak, for school purposes; that the…
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Appeal from Mahaska District Court. The plaintiff alleges in substance that the District Township of White Oak and the District Township of Oskaloosa was each respectively a municipal corporation, duly created and acting; that about the 22d day of June, 1867, the superintendent of schools, with the consent of the respective boards of directors of said corporations, attached a portion of Oskaloosa township to the District Township of White Oak, for school purposes; that the board of directors of White Oak township levied upon the territory so attached to it taxes for school purposes for the…
1Opinion of the CourtDay, J.
1. pi,eading : amendment: demurrer.11 I. Appellees insist that the plaintiffs, by electing to amend their petition, have submitted to the demurrer first filed, and that they cannot now assign as error the action of the court thereon. This position of appellee we think is correct, and we will adopt it in the further consideration of the case.
2. —:-: murrer. de" II. Plaintiffs filed an amendment to their petition. This amendment and the pleading originally filed constitute plaintiff’s petition. This fact appellees recognize in demurring to “ the petition of plaintiffs as amended.” The second…
2Cases cited1 opinion
- Hayden ex rel. Adams v. AndersonSupreme Court of Iowa · 1864
3Cited by5 opinions
- Gordon v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1906
- Presbyterian Church v. HarkenSupreme Court of Iowa · 1916
- Independent School Districts v. Independent School District No. 2Supreme Court of Iowa · 1879
- Arts v. GuthrieSupreme Court of Iowa · 1888
- Gagle v. BesserSupreme Court of Iowa · 1913