Johnston v. Kirkville Independent School District

In August 1948, plaintiffs, taxpayers in defendant-school district, brought this suit to enjoin the district from paying more than $23 per pupil per year for transporting pupils in the district to the Ottumwa high school. The facts are not in dispute. Plaintiffs’ motion for judgment on the pleadings was sustained and decree of injunction entered (in February 1949) as prayed. The district and its officers have appealed.

Plaintiffs’ right to injunction, as claimed and decreed, was based upon the provision of 'section 285.5, Code of 1946, purporting to limit the cost of such transportation to $23…