Wolf v. Indep. Sch. Dist. of Pleasant Valley
| Decision Date | 13 June 1879 |
| Court | Iowa Supreme Court |
| Parties | A. WOLF & SON, APPELLANTS, v. THE INDEPENDENT SCHOOL DISTRICT OF PLEASANT VALLEY, TOWNSHIP OF WEST POINT, APPELLEE. |
OPINION TEXT STARTS HERE
Appeal from Butler circuit court.
This action was brought before a justice of the peace upon an order of the defendant, as follows:
+-----------------------------------------------+
¦‘$15.00.¦INDEPENDENT DIS. OF PLEASANT VALLEY,¦)¦
+---------------------------------------------+-¦
¦WEST POINT TOWNSHIP, BUTLER COUNTY, IOWA. ¦ ¦
+---------------------------------------------+-¦
¦ ¦June 15, 1877. ¦)¦
+-----------------------------------------------+
“ D. C. Wagner, Treasurer of said District:
Pay Caldwell & Rawson, on order, the sum of fifteen dollars out of the contingent fund in said district, for the erection of a lightning rod on school-house.
The defendant made oral answer “that said order was not legally issued by authority of said district; that the same was procured by fraud and deceit on the part of Caldwell & Rawson, and that it was issued, if at all, without authority of or by said district.”
Judgment was rendered for the plaintiff. The defendant appealed to the circuit court, and the cause was there tried upon the issues made before the justice of the peace.
Upon the trial the plaintiff offered the order in evidence. The defendant objected on the following grounds:
“1. Because it is not a negotiable instrument, and is not a subject of transfer by indorsement, and it is not shown that the legal title of Caldwell & Rawson has been transferred to the plaintiff.
2. The order is incompetent to be recognized in evidence until it is shown that it was issued pursuant to a vote of the electors of the district, and for some lawful purpose falling within the expenditures that the statute permits the district to make.
3. It appears upon its face to be issued for a purpose outside of and not contemplated by the statute.”
The court sustained the objection, took the case from the jury, and rendered judgment for defendant for costs. The judge signed the following certificate for appeal: “It is hereby certified that this cause involves the determination of questions of law, upon which it is desirable to have the opinion of the supreme court, which questions are as follows, to-wit:
“1. As to whether or not the plaintiffs in the case could introduce in evidence the order upon which suit is brought, without proof of the authority, on the part of defendant, to issue the same.
2. Whether plaintiffs have a right to recover on the order, without proof that defendant's board of directors authorized or directed its issuance.”
The plaintiffs appeal.
Hemenway,...
To continue reading
Request your trial
-
Wolf & Son v. The Independent School District
... ... PLEASANT VALLEY, WEST POINT ... TP., BUTLER CO., IOWA, JUNE 15, ... ...