Perkins v. Board of Directors of the Independent School District
Supreme Court of Iowa
Appeal from P.olh Circuit Cov/rt. Mandamus to compel defendants to admit plaintiff into the public school of their district. A demurrer to plaintiff’s petition was sustained and judgment rendered for defendants; plaintiff appeals.
1Dissent
Rothbock J.,
dissenting. — The Code, Sec. 1829, provides as follows: “Any person aggrieved by any decision of or order of the district board of directors, in matter of law or fact, may within thirty days after the rendition of such decision or the making of such order appeal therefrom to the county superintendent.” By Sec. 3376 it is provided “that an order of mandamus shall not be issued in any cause where there is a plain, sj)eedy and adequate remedy in the ordinary course of the law” * * * *. Now if the plaintiff in this case had the right to appeal from the order of the directors…
2Cases cited3 opinions
- Marshall v. SloanSupreme Court of Iowa · 1872
- Kirkpatrick v. Independent School District of LibertySupreme Court of Iowa · 1880
- Ind. School Dist. of Lowell v. Ind. School Dist. of DuserSupreme Court of Iowa · 1877