Legal Opinion

Independent School District No. 8 v. Independent School District

Supreme Court of Iowa

Decided January 11, 1912PublishedCited by 9 opinions

Appeal from Marshall District Court. — Hon. Clarence Nichols, Judge. This action, instituted by a school corporation which formerly existed and ’still claims legal existence, represented by certain pretended officers and joined in by certain taxpayers residing in the territory of such pretended school corporation, was brought for the purpose of securing an injunction against a pretended school corporation and its alleged officers, preventing them from proceeding further or…

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Appeal from Marshall District Court. — Hon. Clarence Nichols, Judge. This action, instituted by a school corporation which formerly existed and ’still claims legal existence, represented by certain pretended officers and joined in by certain taxpayers residing in the territory of such pretended school corporation, was brought for the purpose of securing an injunction against a pretended school corporation and its alleged officers, preventing them from proceeding further or asserting any authority under an attempted consolidation of territory, creating the pretended corporation and merging…

1Opinion of the CourtMcClain, J.

Although the appeal here presented is from the refusal of a preliminary injunction, it is submitted on both sides with the understanding that the merits of the case may be finally disposed of by determining the correctness of the findings in law and fact, made of record by the trial judge in his ruling, by which he refused to *600grant a preliminary injunction; and the case will he treated, therefore, as though it were now before this court on appeal from a final decree, denying to plaintiffs the relief asked.

In May, 1911, there existed in Marshall county, a school corporation, known as the…

2Cases cited8 opinions

  1. Bowers v. SmithSupreme Court of Missouri · 1892
  2. Dishon v. SmithSupreme Court of Iowa · 1859
  3. Kinney v. HowardSupreme Court of Iowa · 1907
  4. Stemper v. HigginsSupreme Court of Minnesota · 1888
  5. Calahan v. Greeley HandsakerSupreme Court of Iowa · 1907

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. State ex rel. Ondler v. RoweSupreme Court of Iowa · 1919
  2. Smith v. Blairsburg Independent School DistrictSupreme Court of Iowa · 1916
  3. State Ex Rel. Warrington v. Community School DistrictSupreme Court of Iowa · 1956
  4. McDunn v. RoundySupreme Court of Iowa · 1921
  5. State ex rel. Beu v. LockwoodSupreme Court of Iowa · 1917

4 more not listed; retrieve them via the Exa API.

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