Independent District v. Kelley
Supreme Court of Iowa
Appeal from Des Moi/nes Circuit Court. This is an action to recover the sum of $67, which, it is alleged the defendants, as directors and treasurer of the plaintiff, paid to the defendant Sudbrock, from the contingent fund of the plaintiff, on a protended claim against plaintiff for labor and expenses incurred by endeavoring to secure the establishment of a public highway leading to the school-lnjuse of plaintiff.
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Appeal from Des Moi/nes Circuit Court. This is an action to recover the sum of $67, which, it is alleged the defendants, as directors and treasurer of the plaintiff, paid to the defendant Sudbrock, from the contingent fund of the plaintiff, on a protended claim against plaintiff for labor and expenses incurred by endeavoring to secure the establishment of a public highway leading to the school-lnjuse of plaintiff. Issue having been joined on the allegations of the petition there was a trial by the court, without the intervention of a jury, and judgment was rendered for the. defendants.…
1Opinion of the CourtKothrock, J.
1..schoolDis-TIÍTCT ers ors. of direct! -The amount in controversy being less than $100 tr:ial judge certified the following ques^ons oí’ npon which it is said the opinion of this court is desired.
1st. Has the board of directors and electors of an independent district, at their annual September meeting in any year, a legal right to authorize their secretary, as such, to take the preliminary steps to secure the location of a highway by its school-house, there being no highway located by *569their said school-house — and by such action bind the district for expenses incurred in connection with such…
2Cited by2 opinions
- Locker v. KeilerSupreme Court of Iowa · 1899
- McShane v. Independent District of Pleasant GroveSupreme Court of Iowa · 1888