Home/Supreme Court of Iowa/State ex rel. Wirth v. Wald

State ex rel. Wirth v. Wald

184 Iowa 51
Supreme Court of Iowa·Decided March 18, 1918·Published·Cited by 3 cases

Opinion

Stevens, J.

This is an action in the nature of quo warranto, to test the right of defendants to hold the office of school directors, president, secretary, and treasurer of the consolidated independent district of Gilbert, in Story County. The defendant Dan Jacohson is acting as presi[52] dent of the board of directors, F. M. Bell as secretary, and S. B. Lee as treasurer thereof.

The alleged consolidated district is composed of something more than 25 sections, most of which lies in the school township of Gilbert, but a portion is taken from Lafayette and Milford Townships. The independent district of Story City comprises Sections 1, 2, 11, 12, and the north one half of Sections 13 and 14 in Lafayette Township; and the remaining portion of the township is divided into 8 subdistricts, which include-a part of Sections 30 and 31 in Howard Township. The north boundary of the alleged consolidated district extends through the center of Sections 30, 29, 28, and 27, and to the center of Section 26, and thence south to the' center of Section 35, thence east to the section line between Section 36 in Lafayette Township and Section 31 in Howard Township, leaving the north one half of Sections 27, 28, 29, and 30, the north one half and the southeast quarter of Section 26, and the northeast quarfer of Section 35, the north one half of Section 36 in Lafayette Township, and the portion of Sections 30 and 31 in Howard Township, outside of said consolidated district. The omitted portion of the sections above designated, therefore, forms a strip one-half mile in width by four and one-half miles in length, widening at the east end, as shown on the plat herewith. The portion of the several subdistricts omitted from the consolidated district is, for the purpose of more clearly presenting the situation, denominated on the plat, “Disputed territory.” Subdistricts 2, 3, 4, 5, and 6 in Lafayette Township are left as before, but a portion of 7, 8, and 9 is included in the disputed territory. Schoolhouses are situated in the center of each of the subdistricts, all of which comprise four sections, except Subdistrict 6, which is composed of two full and two half sections; and a portion of Sections 26, 35, and 36 is made a part of the alleged consolidated district of Gilbert.

[53] The following plat shows the location of the consolidated district, the so-called disputed territory, the independent district of Story City, and the remaining portion of the Lafayette school corporation :

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State ex rel. Wirth v. Wald, 184 Iowa 51 (iowa 1918).

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