Legal Opinion

Barclay v. School Township of Wapsinonoc

Supreme Court of Iowa

Decided November 15, 1912PublishedCited by 8 opinions

Appeal from Muscatine District Court. — Hon. A. P. Barker, Judge. This suit in equity was instituted by certain electors and taxpayers of tbe defendant school township to set aside the action of the electors of said township in voting and directing the sale of a school building, and to restrain the members of the board of directors of the township who are made defendants with it from selling or.. otherwise disposing of said school building.

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Appeal from Muscatine District Court. — Hon. A. P. Barker, Judge. This suit in equity was instituted by certain electors and taxpayers of tbe defendant school township to set aside the action of the electors of said township in voting and directing the sale of a school building, and to restrain the members of the board of directors of the township who are made defendants with it from selling or.. otherwise disposing of said school building. There was was a decree for the plaintiffs, and defendants appeal.—

1Opinion of the CourtMcClain, C. J.

— In March, 1906, at the regular annual meeting of the electors of the defendant school township,, a tax of $8,000 was levied on the taxable property in the township for the purpose • of erecting a school building as. near the geographical center of the township as practicable. In January of the following year, an action was instituted by certain qualified electors of the town: ship to compel the board of directors to submit to the voters of the township a proposition to rescind the former vote. This action was determined adversely to the plaintiffs in that action. See Kirchner v. Board of…

2Cases cited4 opinions

  1. Benjamin v. District Township of MalakaSupreme Court of Iowa · 1879
  2. Hibbs v. Board of Directors of AdamsSupreme Court of Iowa · 1900
  3. Kirchner v. Board of DirectorsSupreme Court of Iowa · 1908
  4. School District No. 6 v. Ætna Ins.Supreme Judicial Court of Maine · 1865

3Cited by8 opinions

  1. Rafferty v. Town CouncilSupreme Court of Iowa · 1917
  2. Chappell v. Board of DirectorsSupreme Court of Iowa · 1949
  3. Gallagher v. School TownshipSupreme Court of Iowa · 1915
  4. Noble v. City of LincolnNebraska Supreme Court · 1950
  5. Independent School District of Ionia v. DeWildeSupreme Court of Iowa · 1952

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