Consolidated Independent School District v. Martin
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. W. S. Ayres, Judge. Action of mandamus brought to compel the defendant as county treasurer to pay over to the' treasurer of the plaintiff corporation the amount of certain taxes collected by the defendant on behalf of the plaintiff. The defendant challenges the legality of the organization of the plaintiff corporation. No other defense is presented.
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Appeal from Polk District Court. — Hon. W. S. Ayres, Judge. Action of mandamus brought to compel the defendant as county treasurer to pay over to the' treasurer of the plaintiff corporation the amount of certain taxes collected by the defendant on behalf of the plaintiff. The defendant challenges the legality of the organization of the plaintiff corporation. No other defense is presented. The trial court awarded decree and order as prayed by the plaintiffs and the defendant has appealed.
1Opinion of the CourtEvans, J.
The plaintiff corporation purports to be a consolidated independent school district organized about one year ago under the provisions of See. 2794-a of the Code. The defendant’s challenge of illegality in the organization is based upon four specifications which we will consider in order.
1. Schools and school district election: notice: computing time. I. It is first claimed that the notice of election, wherein the consolidated district was voted, was insufficient and therefore illegal, in that such notice of election was not posted “for not less than ten days next preceding day of the…
2Cases cited15 opinions
- McGinn v. StateNebraska Supreme Court · 1895
- State ex rel. Lewis v. EgglestonSupreme Court of Kansas · 1886
- State ex rel. Weber v. TuckerMissouri Court of Appeals · 1888
- Cosgriff v. Bd. of Election Commr's of S.F.California Supreme Court · 1907
- Church v. J. F. Lacy & Co.Supreme Court of Iowa · 1897
10 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- St. Paul Mercury Indemnity Co. v. NyceSupreme Court of Iowa · 1950
- Taylor v. Independent School DistrictSupreme Court of Iowa · 1917
- Crawford v. School TownshipSupreme Court of Iowa · 1918
- Oliason v. GirardIdaho Supreme Court · 1936
- State ex rel. Independent School District v. HallSupreme Court of Iowa · 1921
4 more not listed; retrieve them via the Exa API.