Legal Opinion

School Township v. Independent School District

Supreme Court of Iowa

Decided December 15, 1899PublishedCited by 1 opinion

Appeal from Jasper District Qourt. — Hon. A. K. Dewey, Judge. The petition, in substance, alleged that in December, 1891, the board of directors of the defendant, on petition of certain residents on territory described, and situated within the limits of the plaintiff district, so to do, unanimously admitted such territory and made it a part of the defendant district, and that on presentation of the transcript of such proceedings it was endorsed as approved by the county…

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Appeal from Jasper District Qourt. — Hon. A. K. Dewey, Judge. The petition, in substance, alleged that in December, 1891, the board of directors of the defendant, on petition of certain residents on territory described, and situated within the limits of the plaintiff district, so to do, unanimously admitted such territory and made it a part of the defendant district, and that on presentation of the transcript of such proceedings it was endorsed as approved by the county superintendent of schools; that defendant, with said superintendent, has so detached said territory, and it has been…

1Opinion of the CourtLadd, J.

This case is ruled by Independent Dist. of Union v. Independent Dist. of Cedar Rapids, 62 Iowa, 616, where it was held that, in the absence of any streams or other natural obstacles, as contemplated in section 1797 of the Code of 1873, the county superintendent was without jurisdiction to change the boundaries of school districts. : Section 2791 of the Code differs from the former statute mnly in dispensing with the consent of' the district from which any territory is taken. Where no natural obstacles exist, there is nothing on which the county superintendent may base an order. He is pot…

2Cases cited3 opinions

  1. Burkhead v. Independent School DistrictSupreme Court of Iowa · 1898
  2. Bogaard v. Independent District of PlainviewSupreme Court of Iowa · 1895
  3. Ind. Dist. of Union v. Ind. Dist. of Cedar RapidsSupreme Court of Iowa · 1883

3Cited by1 opinion

  1. Knowlton v. BaumhoverSupreme Court of Iowa · 1918

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