Legal Opinion

School District Township of Sioux City v. Pratt

Supreme Court of Iowa

Decided June 27, 1864PublishedCited by 3 opinions

Appeal from Polk District Court. ^his cause originated in Woodbury county, and, by a change of venue, was-brought to Polk county. The object thereof is to annul and set aside a contract entered into between the board of directors of said district and the ^defendant for the erection of a school house, upon the ground of fraud and illegality.

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Appeal from Polk District Court. ^his cause originated in Woodbury county, and, by a change of venue, was-brought to Polk county. The object thereof is to annul and set aside a contract entered into between the board of directors of said district and the ^defendant for the erection of a school house, upon the ground of fraud and illegality. A demurrer was filed to the original, as well as to the amended or supplemental petition, and sustained as to a portion of the latter, from which the plaintiff appeals.

1Opinion of the CourtLowe, J.

I. pleading: redundancy: motion, etc. It is not competent to demur unless the objection falls within one or more of the six cases enumerated in § 2876 of the Revision. It is clear that the grounds of demurrer in this case must come un(jer ^be fifth specification, if any, namely, the facts set out are not sufficient to constitute a cause of action, or that it states some facts which avoids the cause of action.

*17In tbe original petition is set out with much particularity the contract entered into between the board of directors of said school district, and the defendant, alleging a want of…

2Cited by3 opinions

  1. Turner v. First National BankSupreme Court of Iowa · 1869
  2. Newby v. FreeSupreme Court of Iowa · 1887
  3. Mornan v. CarrollSupreme Court of Iowa · 1872

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