77 Iowa 676 | Iowa | 1889
1. appeal: waived by petition. 2. injunction : warranto?10 I. The plaintiff assigns error upon the ruling of the court upon the demurrer to the answer, and the order dissolving the injunction, and counsel have discussed these questions to some extent. We do not think it proper to consider these rulings. They were superseded by the amended and substituted petition. It is only necessary to say that the injunction was improvidently issued. The action was commenced by the county attorney in the name of the state, and there was no ground for an injunction, there being no proper parties to execute an injunction bond. It is trae that the names of certain persons were incorporated in the original petition or information as relators, but by consent of the parties their names were stricken out of the petition.
It is provided by section 1802 of the Code that at the organization of independent school districts six directors shall be elected, two of whom shall hold the office until the first annual meeting thereafter, two until the second, and two until the third annual meeting, their respective terms of office to be determined by lot. But in districts having a population of less than five hundred there shall be three directors. Under this section of the law, a district of five hundred inhabitants or more is required to have six directors, and those of less than five hundred shall have three directors; and by section 1808 of the Code districts with the larger population are authorized to elect two directors each year thereafter, and all those having a population of less than five hundred shall elect one director each year. As we have sa.id, it is averred in the substituted petition that the district was originally organized as a district with less than five hundred inhabitants. But it is also alleged that for the year ending in March, 1888, there were six directors, and it is not claimed that all of them were