53 Iowa 483 | Iowa | 1880
The question, presented is as to whether the proper steps were taken by the three districts to effect a legal consolidation. It is not important, however, to inquire what was done by the two districts other than Pleasant Grove, if what was done by Pleasant Grove was insufficient.
, The evidence shows that an election was held in Pleasant Grove at which eight votes were polled, all of which were in favor of consolidation. This would be sufficient to bind Pleasant Grove so far as that election. is concerned, provided the preliminary steps necessary to a legal election were taken. The defendants contend that such steps were not taken. The provision for the consolidation of independent school districts is contained in section 1811 of the Oode. A meeting for an
Pleasant Grove, North East and Olay Center were originally subdistricts in the District Township of Clay. At some time (it does not appeal* when) steps were taken to constitute the subdistricts of the District. Township independent districts. The plaintiff* claims that the proceedings were irregular, and that Pleasant Grove failed to secure an independent organization.
It is averred, however, in the petition that North East and Olay Center became independent districts. Now if the jiroceedings were sufficient to constitute these independent districts they were sufficient to constitute Pleasant Grove an independent district. Besides, the District Township organization was laid aside. The several subdistricts assumed that they had taken on an independent organization and life, and proceeded to act accordingly. No objection appears to have been made by anybody. It is not shown that any one now desires to revive the District Township organization. The plaintiff’s petition is framed upon a theory which would exclude such revival. We should not be justified in this case in making a ruling which would unsettle so many interests and involve all the schools in the township in chaos. We cannot, indeed, suppose that the plaintiff desires it.
The judgment of the Circuit Court must be
Affirmed.