47 Iowa 110 | Iowa | 1877
The petition states that the District Township of Soldier is a corporation under the laws of Iowa, and that M. P. Hanegan is a teacher in the public school in sub-district No. 2, in said district township; that said Hanegan entered into a contract as provided by law, which was approved by the proper officers of the district, and entered upon the discharge of his duties; that the defendants entered the school house, and refused to admit the said Hanegan therein, and excluded a portion of the children therefrom; that the “conduct of .the defendants is a nuisance greatly annoying and injuring the other parties interested in .said school.” The relief asked is “ that the said J. C. Barrett be restrained and enjoined from attempting to act as sub-director, or interfering with the teaching of the said school by the said M. P. Hanegan, and that the said Lizzie Wakham be restrained and enjoined from interfering with, teaching, or attempting to teach, school in the school house now occupied by the said Hanegan.”
The temporary injunction granted was properly dissolved for several reasons.
3. Under Code, § 4023, if the defendants unlawfully and willfully disturbed the school, they were guilty of a misdemeanor, and we incline to think a prosecution under this statute would have been amply sufficient. If wrong in this, we are unwilling to hold that the discretion vested in the Circuit Court was improperly exercised. Affirmed