Independent School District of Oakville v. Independent School District of Asbury
Supreme Court of Iowa
Appeal from Dxibuque District Court. The petition states that plaintiff and defendant at one time composed a part of the district township of Julien; that the several sub-districts in said district township were in the proper manner formed or created independent districts, the plaintiff and defendant being two of such districts; “that the directors of the district township undertook to make a division of said assets, but the same was illegal, unjust and inequitable, in that…
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Appeal from Dxibuque District Court. The petition states that plaintiff and defendant at one time composed a part of the district township of Julien; that the several sub-districts in said district township were in the proper manner formed or created independent districts, the plaintiff and defendant being two of such districts; “that the directors of the district township undertook to make a division of said assets, but the same was illegal, unjust and inequitable, in that the division so made gave to the defendant the sum of $213.48, which sum was, and of right is, part of the share…
1Opinion of the Court
Seevers, Oh. J.
Section 1820 of the Code provides as follows: When any district township is divided- into independent districts, 'the old board of directors of the district township shall make such a division of assets and liabilities of such district township as provided by section 1715, and the latter section provides that such division shall be equitable. The claim made in the petition is that the division made by the board of directors is inequitable and unjust; neither fraud or mistake being alleged or that the jurisdiction of the board was exceeded. The statute in express terms requires…
2Cases cited3 opinions
- State v. BerrySupreme Court of Iowa · 1861
- Ind. School District v. Ind. School DistrictSupreme Court of Iowa · 1875
- Dist. Township of Williams v. Dist. Township of JacksonSupreme Court of Iowa · 1873
3Cited by2 opinions
- Albin v. Board of Directors of the Independent DistrictSupreme Court of Iowa · 1882
- Ind. School Dist. of Lowell v. Ind. School Dist. of DuserSupreme Court of Iowa · 1877