Legal Opinion

Mosher v. Ind. School Dist.

Supreme Court of Iowa

Decided April 5, 1876PublishedCited by 2 opinions

Appeal from Hardin District Court. The plaintiff filed a petition in two counts, in each claiming judgment for $746, the amount of a bond 'for $500, and the coupons due thereon, executed by defendant to Foster Brothers or order, and by them indorsed in blank.

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Appeal from Hardin District Court. The plaintiff filed a petition in two counts, in each claiming judgment for $746, the amount of a bond 'for $500, and the coupons due thereon, executed by defendant to Foster Brothers or order, and by them indorsed in blank. The bonds, copies of which are attached to the petition, recite that they are “issued by the board of school directors by authority of an election of the voters of said school district, held on the 31st day of July, 1869, in conformity with the provisions of chapter 98 of Acts of 12th-General Assembly.” The defendant’s demurrer to each…

1Opinion of the CourtDay, J.

1. PLEADING: bonds: limit of indebtedness I. It is objected that the petition does not show the amount of taxable property in the district at the time of issuing the bonds, nor the amount of bonds issued, nor ^ie amount of former indebtedness of the district; that it does not show the holding of any election to vote upon any sum of money to be raised by the sale of the bonds; and that it does not show that the defendant received any consideration for the bonds and coupons, or: that they were issued for any cause authorized by law.

*634Article eleven, section three, of the Constitution provides…

2Cited by2 opinions

  1. State v. School District No. 3Supreme Court of Kansas · 1885
  2. Peter Mintener Lumber Co. v. School District No. 56Montana Supreme Court · 1929

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