Locker v. Keiler

• Decision Date: 19 October 1899
• Citation: 80 N.W. 433,110 Iowa 707
• Parties: E. H. LOCKER et al., Appellants, v. JOHN KEILER et al
• Court: Iowa Supreme Court

80 N.W. 433

110 Iowa 707

E. H. LOCKER et al., Appellants, v. JOHN KEILER et al

Supreme Court of Iowa, Des Moines

October 19, 1899

Appeal from Greene District Court.--HON. Z. A. CHURCH, Judge.

PLAINTIFFS four in number, taxpayers in the independent school district No. 2, Hardin township, Greene county, Iowa, brought this action in equity to enjoin the defendant, directors secretary, and treasurer of said district, from issuing certain bonds and paying out certain money. Decree was rendered making the temporary injunction perpetual against the issuing of the bonds, and dissolving it as to paying out said money. From this latter part of said decree the plaintiffs appeal.

Affirmed.

J. A Gallaher for appellants.

Russell & Toliver and E. B. Wilson for appellees.

OPINION

GIVEN, J.

I.

No appeal having been taken from, and no complaint being made against, that part of the decree enjoining the defendants from issuing the bonds mentioned, we are not called upon to consider that branch of the case, except as it is incident to the other questions involved. The issue to be determined is whether the defendants should be enjoined from paying out the money specified for the purpose named. The issues to be considered will appear from the following statement of facts as we have found them to be: Said district is composed of four sections, namely, sections 3, 4, 9, and 10, and the school house is located near the center of said sections, on an east and west highway along the line between sections 3 and 4 on the north and 9 and 10 on the south, and near the junction of a north and sough road between sections 3 and 4. The record of said district shows that at the annual meeting of the electors in March, 1895, "it was moved and carried that a road be opened for a road between sections 9 and 10, a mile south from the school house and eight rods east between sections 10 and 15. Mr. Thomas Calvert was appointed to look after the road business, and report next Monday." The record of the board of directors shows that at a meeting March 18, 1895, "the board agreed to levy two hundred and twenty-five dollars for the teachers' fund, two hundred and fifty dollars for the contingent fund." On March 25, 1895, the secretary of the district certified to the board of supervisors that at said meeting of the electors a tax of one hundred and forty dollars was voted "on account of school-house fund." He also certified that at said meeting of the board the board estimated the amount required for the contingent fund to be the sum of two hundred and fifty dollars, and the amount required for teachers' fund to be the sum of two hundred and twenty-five dollars. Said two hundred and fifty dollars was placed upon the tax books, collected, and paid over to the treasurer of the district, and is now in his hands. On May 18, 1895, said Thomas Calvert and sixteen others citizens of the county, petitioned the board of supervisors for the establishment of a new road south from the school house on the line between sections 9 and 10 to the south line thereof, thence eighty rods east along the south line of section 10 to connect with a highway running east along said section 10. Such proceedings were had on this petition as that on April 8, 1896, said highway was ordered established on condition that the costs and damage be paid within forty days. On the twenty-fourth of April, 1896, a special election was held, and the directors authorized, by a vote of the electors present, to issue bonds to pay said costs and damages; but, as we have seen, they are perpetually enjoined from doing so, and no complaint is made of this. On April 29, 1896, this action was commenced, and a temporary injunction granted, restraining the defendants from issuing said bonds and from paying said two hundred and fifty dollars on account of the establishment of said highway. There were about twenty-two electors in the district, and eighteen of them, including the defendants, to prevent a failure to secure said highway because of nonpayment of the costs and damages, joined as individuals in a promissory note, upon which money was borrowed, and applied in payment of said costs and damages. This was done under an agreement with said boards of directors that, if the injunction against paying said two hundred and fifty dollars on account of the road was removed, said money would be applied to the payment of said note. It will be observed that in the record of said meeting of the electors nothing is said about a tax of two hundred and fifty dollars having been voted. The record of the board of directors shows that at a meeting in September, 1896, a motion was made and carried that the record be amended to show that at the general meeting held March 11, 1895, it was moved, seconded, and carried by a majority of...