Davis v. Boget
Supreme Court of Iowa
Appeal from Ioiva Circuit Court. It is alleged in the petition that the district township of Lenox, in Iowa county, is composed of four sub-districts; that the plaintiff is a resident of sub-district No. 1, and that defendants' are members of, and comprise, the board of directors of said district township; that at the annual meeting of said board, and the electors of said district township, held on the 12th day of March, 1877, the said electors voted upon and passed a…
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Appeal from Ioiva Circuit Court. It is alleged in the petition that the district township of Lenox, in Iowa county, is composed of four sub-districts; that the plaintiff is a resident of sub-district No. 1, and that defendants' are members of, and comprise, the board of directors of said district township; that at the annual meeting of said board, and the electors of said district township, held on the 12th day of March, 1877, the said electors voted upon and passed a resolution talcing the charge and control of the school house in said sub-district No. 1 away from the said sub-director of…
1Opinion of the Court
Rothrock, Ch. I.
I. In addition to the foregoing statement it may be proper to say that it was stipulated by the parties in the court below that the school-house in sub-district. No. 1 cost that district about two hundred dollars, in addition to its proportionate share of the cost of the house, and that a-small majority of the electors of the sub-district are opposed to the use of the house for religious worship.
In our opinion these facts cannot control the legal rights of' the parties, and they must be regarded merely as accounting for what would otherwise seem as an unreasonable refusal of…
2Cases cited1 opinion
- Townsend v. HaganSupreme Court of Iowa · 1872
3Cited by7 opinions
- Beard v. Board of Education of North Summit School Dist.Utah Supreme Court · 1932
- Rudd v. RaySupreme Court of Iowa · 1976
- Merryman v. School District No. 16Wyoming Supreme Court · 1931
- State ex rel. Gilbert v. DilleyNebraska Supreme Court · 1914
- Resnick v. East Brunswick Tp. Bd. of Ed.New Jersey Superior Court Appellate Division · 1975
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