Legal Opinion

Hufford v. Herrold

Supreme Court of Iowa

Decided October 2, 1920PublishedCited by 10 opinions

Appeal from Polk District Court. — Hubert . Utterback, Judge. Action in equity to enjoin the removal of a school building, formerly used by the subdistrict, to another site within an independent consolidated district, and to enjoin the collection of certain taxes levied for school purposes, and also to enjoin the issuance and sale of bonds voted at a special election for the erection of a school building within said district.

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Appeal from Polk District Court. — Hubert . Utterback, Judge. Action in equity to enjoin the removal of a school building, formerly used by the subdistrict, to another site within an independent consolidated district, and to enjoin the collection of certain taxes levied for school purposes, and also to enjoin the issuance and sale of bonds voted at a special election for the erection of a school building within said district. A demurrer to plaintiff’s petition was sustained, and they appeal.

1Opinion of the CourtStevens, J.

Plaintiffs are residents and taxpayers within the consolidated independent district of Jefferson, Jefferson Township, Polk County, Iowa,, and defendants comprise its board of directors, and the auditor and treasurer of said county. The petition assails the validity of the organization of said district upon the grounds of indeffniteness, irregularity, inaccuracy, and conflict in the description of the proposed boundary and territory thereof, as set forth in the petition and notices of election therefor,*855that the requirement of the statute, that separate ballot boxes be provided for the…

2Cases cited13 opinions

  1. Kinzer v. Directors of Independent School DistrictSupreme Court of Iowa · 1906
  2. Knowlton v. BaumhoverSupreme Court of Iowa · 1918
  3. Nelson v. Consol. Independent Sch. Dist. of Troy MillsSupreme Court of Iowa · 1917
  4. State ex rel. Ondler v. RoweSupreme Court of Iowa · 1919
  5. Burkhead v. Independent School DistrictSupreme Court of Iowa · 1898

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3Cited by10 opinions

  1. Cook v. Consolidated School DistrictSupreme Court of Iowa · 1949
  2. Allely v. Board of Education in and for Mills CountySupreme Court of Iowa · 1961
  3. Security National Bank v. BagleySupreme Court of Iowa · 1926
  4. DuPont-Fort Lewis School District No. 7 v. Clover Park School District No. 400Washington Supreme Court · 1964
  5. Harmony Grove School Dist. No. 1 v. Camden School Dist. No. 35Supreme Court of Arkansas · 1957

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