Legal Opinion

Kennedy v. Independent School District

Supreme Court of Iowa

Decided April 17, 1878PublishedCited by 5 opinions

Appeal from Dulmque District Court. The plaintiff furnished, labor and material for the erection, of a school-house in the district township of Julien, and the' district township became indebted to him therefor in the sum of $350.61, which is still unpaid. After the indebtedness was contracted, the district township organization was abandoned, and the several sub-districts were organized as independent' districts. No division of the assets and liabilities was made.

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Appeal from Dulmque District Court. The plaintiff furnished, labor and material for the erection, of a school-house in the district township of Julien, and the' district township became indebted to him therefor in the sum of $350.61, which is still unpaid. After the indebtedness was contracted, the district township organization was abandoned, and the several sub-districts were organized as independent' districts. No division of the assets and liabilities was made. This action was brought against the several independent districts to recover the amount ofjihe claim. Judgment was rendered…

1Opinion of the Court

Rothrogk, Ch. J.

i school ais. trict: officer. I. Whatever service of original notice was made upon the district of Asbury was made by service upon the treasurer of the district. It is claimed by ^ ¿istñct that that was not sufficient. Service of ■a notice upon a school district may be made by service upon any officer thereof. Code, § 2612. We have only the question then as to whether the treasurer of a school district is an officer. It is insisted by the district that he is a mere employe. The argument for this view is that he is elected, not by the electors of the district, but by the board…

2Cases cited1 opinion

  1. Knoxville National Bank v. Independent District of WashingtonSupreme Court of Iowa · 1875

3Cited by5 opinions

  1. Van Gorden v. LuntSupreme Court of Iowa · 1944
  2. State ex rel. Pritchard v. GrefeSupreme Court of Iowa · 1908
  3. District Township of White Oak v. District Township OskaloosaSupreme Court of Iowa · 1879
  4. Gamble v. Rural Independent School Dist.Court of Appeals for the Eighth Circuit · 1906
  5. Fairfield v. Rural Independent School Dists. of Allison & JacksonU.S. Circuit Court for the District of Iowa · 1901

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