Legal Opinion

Sweitzer ex rel. Sweitzer v. Fisher

Supreme Court of Iowa

Decided October 20, 1915PublishedCited by 6 opinions

Appeal from Dallas District Court. — Hon. J. H. Applegate, Judge. Action brought on behalf of Floyd Sweitzer, a minor, for a writ of mandamus to compel the defendants, as directors of the Independent School District of Van Meter in Dallas county, to issue and deliver to the plaintiff, Floyd Sweitzer, a diploma, of graduation certifyingfhis graduation from said high school. The answer was a general denial, with certain special admissions.

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Appeal from Dallas District Court. — Hon. J. H. Applegate, Judge. Action brought on behalf of Floyd Sweitzer, a minor, for a writ of mandamus to compel the defendants, as directors of the Independent School District of Van Meter in Dallas county, to issue and deliver to the plaintiff, Floyd Sweitzer, a diploma, of graduation certifyingfhis graduation from said high school. The answer was a general denial, with certain special admissions. There ivas a decree granting the order as prayed. The defendants appeal.

1Opinion of the CourtDeemer, C. J.

The petition averred, in substance, that Floyd Sweitzer was for several years a pupil in the high school of the Independent District of Van Meter, that he completed the prescribed course of study and that, on May 24, 1912, he was graduated with his class. That, notwithstanding such graduation, the defendants, as officers of the Independent District, had neglected and refused to deliver to him the usual diploma certifying to the fact of his graduation. The superintendent of the schools also is made a defendant. The defendants, by their answer, admitted that they had refused to deliver a…

2Cases cited12 opinions

  1. Kinney v. HowardSupreme Court of Iowa · 1907
  2. Preston v. Board of EducationSupreme Court of Iowa · 1904
  3. Marshall v. SloanSupreme Court of Iowa · 1872
  4. Mengel v. MengelSupreme Court of Iowa · 1909
  5. Funck v. Farmers Elevator Co.Supreme Court of Iowa · 1909

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3Cited by6 opinions

  1. Bernstein v. City of MarshalltownSupreme Court of Iowa · 1933
  2. Valentine v. Independent School DistrictSupreme Court of Iowa · 1919
  3. Hume v. Independent School DistrictSupreme Court of Iowa · 1917
  4. Valentine v. Independent School District of CaseySupreme Court of Iowa · 1921
  5. Griebel v. Board of SupervisorsSupreme Court of Iowa · 1925

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