The Ind. Dist. of Sheldon v. The Board of Supervisors of Sioux County

• Citation: 2 N.W. 590,51 Iowa 658
• Parties: THE IND. DIST. OF SHELDON v. THE BOARD OF SUPERVISORS OF SIOUX COUNTY ET AL
• Decision Date: 08 October 1879
• Court: United States State Supreme Court of Iowa

2 N.W. 590

51 Iowa 658

THE IND. DIST. OF SHELDON v. THE BOARD OF SUPERVISORS OF SIOUX COUNTY ET AL

Supreme Court of Iowa, Des Moines

October 8, 1879

Appeal from Sioux District Court.

IT is stated in the petition that the plaintiff had been duly organized, and had properly certified to the defendant board of supervisors the amount required for teachers' contingent and school-house fund, and had requested said board to levy taxes accordingly; that said board refused so to do, and the relief asked was a mandamus compelling the performance of the alleged duty. The answer set up several defenses, and presented for determination the questions considered in the opinion. There was a reference and a finding of facts. A motion to set aside the report was overruled, and judgment entered in accordance with the finding of the referee. The defendants appeal.

AFFIRMED.

Edward Henn, E. H. Hubbard and Rufus Stone, for appellants.

D. A W. Perkins and O. M. Barrett, for appellee.

OPINION

SEEVERS, J.

I.

The difficulty in this case is caused by the fact that the plaintiff and Independent District of Grant both claim jurisdiction over certain territory. Both of these districts certified to the board of supervisors the amount each required to be levied as taxes on the disputed territory for teachers' and contingent fund.

The board refused to make any levy for the amount certified by the plaintiff, but did levy the amount certified by the Independent District of Grant. The appellants insist this action was right, or, if not, that the board acted judicially, and that its action cannot be reviewed in this proceeding. On the part of the plaintiff it is insisted that its organization was effected first in point of time, and, such being true, that it was the duty of the board to levy the taxes asked for by it. The finding of the referee is to the effect that both districts were duly organized, and that their proceedings were in all respects regular, including the certificate required as to the respective amounts required to be levied by each, as provided in section 1777 of the Code. The organization of the plaintiff was effected in strict accord with sections 1800 and 1801 of the Code. The petition contemplated in the last section was presented to the proper board of directors on the 30th day of December, 1876. The requisite order was made on the same day, the required notices posted, and the election held on the 30th day of January, 1877. The result of the election was in favor of separate organization. The election for directors was held on the second Monday in March, 1877. The initial proceeding to incorporate the district of Grant was had on the 15th day of February, 1877, and the board of directors thereof was elected on the second Monday of March, 1877.

It will be seen that the organization of the plaintiff had been fully determined, and it was in all respects complete, except the election of directors, before any steps had been taken toward the organization of the district of Grant. When asked to make the levy by both districts, the board of supervisors was fully informed of the foregoing facts, and that the organization of both districts had been fully completed. What, then, was the duty of the board? To make the levy asked...