Hansen v. Independent School District
Supreme Court of Iowa
Appeal from Plymouth District' Court. — William Hutchinson, Judge. Suit in equity. Plaintiff brings the action as next friend of Ms minor cMldren.
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Appeal from Plymouth District' Court. — William Hutchinson, Judge. Suit in equity. Plaintiff brings the action as next friend of Ms minor cMldren. The defendants are the members of the school board of Le Mars. .The petition alleges that such defendants had adopted a regulation requiring that all students to be admitted to the public schools of Le Mars should show satisfactory evidence of successful vaccination; that, by reason of such -regulation, the school board refuses to permit the plaintiff;s minor children to attend school, in that they have not been vaccinated and will not be; that the…
1Opinion of the CourtEvans, J.
— We are confronted at the threshold with a question of practice. The appellees challenge the right of the appellant to take or maintain this appeal, because he did not at any time in the court below elect to stand upon his demurrer. We denied the motion of appellees for a summary dismissal. Our ruling in that regard was tentative only, and for the purpose of giving further consideration to the question on full submission, and of submitting a written opinion thereon.
The record discloses no evidence that the plaintiff elected to stand upon his demurrer. He saved an exception to the ruling, and…
2Cases cited9 opinions
- Cowen v. BooneSupreme Court of Iowa · 1878
- Western Securities Co. v. AtleeSupreme Court of Iowa · 1915
- Wilcox v. McCuneSupreme Court of Iowa · 1866
- Hampton v. JonesSupreme Court of Iowa · 1882
- Greeson v. GreesonSupreme Court of Iowa · 1919
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Morrison v. Carroll ClinicSupreme Court of Iowa · 1927
- State Ex Rel. Ackerly v. ShepherdSupreme Court of Iowa · 1926
- Devoe v. DuseySupreme Court of Iowa · 1928
- First Title & Securities Co. of Bloomington v. United States Gypsum Co., of ChicagoSupreme Court of Iowa · 1930
- Hawthorne v. AndrewSupreme Court of Iowa · 1929
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