Ind. School District v. Ind. School District
Supreme Court of Iowa
Appeal from Marion District Court. Action in chancery. There ivas a demurrer to the petition which was sustained. Plaintiffs appeal. The facts of the case appear in the opinion. Where a tribunal is clothed with discretion as to a particular matter, a court can by mandamus compel it to act, but cannot control its discretion in the performance of the act.
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Appeal from Marion District Court. Action in chancery. There ivas a demurrer to the petition which was sustained. Plaintiffs appeal. The facts of the case appear in the opinion. Where a tribunal is clothed with discretion as to a particular matter, a court can by mandamus compel it to act, but cannot control its discretion in the performance of the act. (Rev. § 3763; Coy v. City Council of Lyons, 17 Iowa, 4.) Where discretion is left to the board of school directors, it cannot be controlled by mandamus, even though unwisely exercised. (Ciarle v. Board of Directors, etc., 24 Iowa, 270.) Where…
1Opinion of the Court
Beck, J. —
The petition alleges that the plaintiffs and defendants were formerly sub-districts of the district township of Knoxville, in Marion County; that under Chap. 73, Acts of the 13th Gen. Ass., the district township was reorganized and all of its sub-districts became independent districts. After this action the board of directors of the district township proceeded to make “what they intended for and believed to be an equitable division of the assets and liabilities of said district township, but plaintiffs aver that the attempted division was not an •equitable or full and complete…
2Cases cited2 opinions
- Dist. Township of Williams v. Dist. Township of JacksonSupreme Court of Iowa · 1873
- District Township of Knoxville v. Independent Districts of LibertySupreme Court of Iowa · 1873
3Cited by6 opinions
- Reiger v. TurleySupreme Court of Iowa · 1911
- Albin v. Board of Directors of the Independent DistrictSupreme Court of Iowa · 1882
- Dist. Twp. v. Ind. Dist.Supreme Court of Iowa · 1884
- District Township of Viola v. District Township of AudubonSupreme Court of Iowa · 1876
- Ind. School Dist. of Lowell v. Ind. School Dist. of DuserSupreme Court of Iowa · 1877
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