40 Iowa 620 | Iowa | 1875
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 fund of the township in question, orders amounting to the sum of $8,379.91; The order upon which this judgment was entered swelled this sum to $4,729.91.
Each of the holders of these warrants, then, was entitled to jpro rata payment, in proportion to the amount of the warrant by him held. But appellant claims that they have lost this right because of a judgment rendered in an action to which they were not a party. It is not apparent to us how they can be prejudiced or affected by a litigation between strangers.
Section 1787 of the Code provides: “'When a judgment has 'been obtained against a school district, the board of directors shall pay off and satisfy the same from the proper fund, by an order upon the treasurer; and the district meeting, at the time for voting a tax for the payment of other liabilities of the district, shall provide for the payment of such order or orders.”
It is claimed that this order does not satisfy the judgment. This we concede. But the order furnishes the judgment creditor the only means of obtaining payment from a fund in the hands of the treasurer. It is further claimed that section
But it may be said that under this construction a party derives no benefit from his judgment. Fie is, however, placed
. We are clearly of opinion that plaintiff is not entitled to the whole tax collected and in the hands of the treasurer. He is, however, entitled to a fro rata payment of his order.
■ The judgment will be so far. modified as to entitle plaintiff to a mandamus, directing the treasurer to pay plaintiff’s order fro rata with other orders drawn upon the school house fund.
Modified AND affiemed.