Harvey v. Kirton
Supreme Court of Iowa
Appeal from Marion District Court. — L. N. Hays, Judge. Some forty or more persons join as plaintiffs, and say that they are residents, citizens, and taxpayers of the territory in Marion County, Iowa, proposed to be included in and to constitute a part of the proposed Consolidated Independent School District of Dallas, Marion County, Iowa, and residents of that part of said territory lying outside of the incorporated limits of the town of Dallas, with which it is proposed to…
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Appeal from Marion District Court. — L. N. Hays, Judge. Some forty or more persons join as plaintiffs, and say that they are residents, citizens, and taxpayers of the territory in Marion County, Iowa, proposed to be included in and to constitute a part of the proposed Consolidated Independent School District of Dallas, Marion County, Iowa, and residents of that part of said territory lying outside of the incorporated limits of the town of Dallas, with which it is proposed to consolidate the said outside territory, in order to form the consolidated district. Defendants are members of the board…
1Opinion of the CourtPrioston, J.
1.. Plaintiffs ask that defendants be enjoined from exercising any of the functions of the office of school directors or officers of the Consolidated Independent School District of Dallas, on account of certain illegalities and irregularities alleged to have occurred during the organization of the consolidated district, which, it is alleged, rendered the organization illegal. Appellants have assigned errors, and all questions have been argued; but, in view of our holding that, under the circumstances of this case, quo warranto is the exclusive remedy, we ought not to consider other questions.
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2Cases cited21 opinions
- Board of Commissioners v. HallIndiana Supreme Court · 1880
- Reiger v. TurleySupreme Court of Iowa · 1911
- Cochran v. McClearySupreme Court of Iowa · 1867
- Carmel Natural Gas & Improvement Co. v. SmallIndiana Supreme Court · 1897
- Nelson v. Consol. Independent Sch. Dist. of Troy MillsSupreme Court of Iowa · 1917
16 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Hearth Corporation v. CBR Development Co., Inc.Supreme Court of Iowa · 1973
- Cook v. Consolidated School DistrictSupreme Court of Iowa · 1949
- Hufford v. HerroldSupreme Court of Iowa · 1920
- Sherwood v. Greater Mammoth Vein Coal Co.Supreme Court of Iowa · 1921
- Crawford v. School TownshipSupreme Court of Iowa · 1918
7 more not listed; retrieve them via the Exa API.