District Township of Lodomillo v. District Township of Cass
Supreme Court of Iowa
Appeal from Olay ton District Oov/rt. Action for an injunction to prevent the defendant from removing certain school-houses, and from assuming the control of certain territory.
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Appeal from Olay ton District Oov/rt. Action for an injunction to prevent the defendant from removing certain school-houses, and from assuming the control of certain territory. The plaintiff avers in its petition “ that the defendant has taken action, and is making efforts, and threatens and intends, to remove two school-houses out of the subdistricts in which they are respectively situated, which houses belong to the plaintiff in fee simple, and are situated in subdistricts Nos. 3 and 4, in the District Township of Lodomillo, in Clayton county, Iowa, and to assume the territory of plaintiff…
1Opinion of the Court
Adams, Ch. J.
i. nwiraredistrict: acieremedy. I. The petition avers, in substance, that the plaintiff is the owner of the two school-houses: that they stand upon its territory: that the defendant has taken action, and threatens and intends to remove them without the plaintiff’s consent, and illegaily, and has taken action, and threatens and intends to as*117sume the territory without the plaintiff’s consent, and illegally. This, in our opinion, is an explicit averment of the plaintiff’s rights, and a threatened and intended invasion of them by the defendant. It cannot be necessary to aver the…
2Cases cited1 opinion
- Parker v. WilliamsNew York Court of Chancery · 1834
3Cited by3 opinions
- Reed v. City of Cedar RapidsSupreme Court of Iowa · 1907
- Lemmon v. Town of Guthrie CenterSupreme Court of Iowa · 1901
- Beck v. VaughnSupreme Court of Iowa · 1907