Legal Opinion

Chase v. Morrison

Supreme Court of Iowa

Decided June 16, 1875PublishedCited by 2 opinions

Appeal from Osoeola, Cireuit Court. This is an action of mandamus to compel the defendant to pay the amount of a certain judgment which plaintiff recovered against the district township of Holman. The cause was submitted to the court on substantially the following agreed statement of facts: The district township of ITolman is a corporation organized under the laws of Iowa for school purposes, and W. H. Morrison is its treasurer.

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Appeal from Osoeola, Cireuit Court. This is an action of mandamus to compel the defendant to pay the amount of a certain judgment which plaintiff recovered against the district township of Holman. The cause was submitted to the court on substantially the following agreed statement of facts: The district township of ITolman is a corporation organized under the laws of Iowa for school purposes, and W. H. Morrison is its treasurer. On the 16th day of June, 1873, H. L. Baker recovered judgment against the district township of Holman for the sum of $1350.00 and costs, upon school orders drawn by…

1Opinion of the CourtDay, J.

xlppellant does not claim that the board of directors of the district township have omitted any duty. It is admitted that for the years 1873 and 1874, they caused to be levied for the school house fund the maximum tax of ten mills, and that in addition thereto, in the year 1873, they levied a special tax of seven mills for the payment of this judgment. The agreed statement of facts shows that the sum realized from this tax has been paid to plaintiff. At the time the order was issued upon which the judgment was rendered, which plaintiff now holds, there were outstanding upon the school house…

2Cited by2 opinions

  1. State v. RedSupreme Court of Iowa · 1880
  2. Ray v. WilsonSupreme Court of Florida · 1892

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