Legal Opinion

Odendahl v. Russell

Supreme Court of Iowa

Decided October 25, 1892PublishedCited by 5 opinions

Appeal from Carroll District Court. — Hon. J. H. Macombeb, Judge. The plaintiffs are residents of Grant township, in Carroll county. The particular place of their residence is on section 18, and the north half of the northwest quarter of sections 19 and 30, in said township, The said territory is attached to the independent school district of Carroll for school puiposes.

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Appeal from Carroll District Court. — Hon. J. H. Macombeb, Judge. The plaintiffs are residents of Grant township, in Carroll county. The particular place of their residence is on section 18, and the north half of the northwest quarter of sections 19 and 30, in said township, The said territory is attached to the independent school district of Carroll for school puiposes. The plaintiffs presented a petition to the board of directors of said independent district to pass an order restoring said territory to the district township of Grant. The defendants constitute the said board of directors,…

1Opinion of the CourtRothrock, J.

The proceedings in question are founded upon section 1798 of Miller’s Code, which is as follows: “In all cases where territory has been or may be set into an adjoining county or township, or attached to any independent school district in any adjoining county or township, for school purposes, such territory may be restored by the concurrence of the respective boards of directors; but on the written application of two thirds of the electors residing upon the territory within such township or independent districtdn which the schoolhouse is not situated, the said boards shall restore the…

2Cases cited3 opinions

  1. Dove v. Independent School DistrictSupreme Court of Iowa · 1875
  2. Hightower v. OverhaulserSupreme Court of Iowa · 1884
  3. Barnett v. Directors of the Independent DistrictSupreme Court of Iowa · 1887

3Cited by5 opinions

  1. Detroit Citizens' Street-Railway Co. v. Common Council of DetroitMichigan Supreme Court · 1901
  2. Hibbs v. Board of Directors of AdamsSupreme Court of Iowa · 1900
  3. Claussen v. PerrySupreme Court of Iowa · 1956
  4. Altman v. Independent School DistrictSupreme Court of Iowa · 1948
  5. School District No. 1 v. School District No. 7Supreme Court of Colorado · 1904

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