39 N.W.2d 287 | Iowa | 1949
[1] In August 1948, plaintiffs, taxpayers in defendant-school district, brought this suit to enjoin the district from paying more than $23 per pupil per year for transporting pupils in the district to the Ottumwa high school. The facts are not in dispute. Plaintiffs' motion for judgment on the pleadings was sustained and decree of injunction entered (in February 1949) as prayed. The district and its officers have appealed.
Plaintiffs' right to injunction, as claimed and decreed, was based upon the provision of section
During the pendency of the appeal section
Under these circumstances we feel this case, involving the construction of the repealed section
[2] We have repeatedly refused to decide a case merely to settle who shall pay the costs. Manning v. Heath,
These authorities in addition to those just cited, at least on principle, tend to support our conclusion the case is moot: Hatz v. Board of Supervisors,
Perhaps we should add that if, as seems unlikely, plaintiffs should attempt to enforce the injunction notwithstanding the change in the applicable law by the Fifty-third General Assembly, the trial court might and should dissolve the injunction. See Santa Rita Oil Co. v. State Board of Equalization,
All JUSTICES concur. *1331