41 Iowa 264 | Iowa | 1875
The defendants answered the petition and filed affidavits in support of their answer. Thereon they based the motion to dissolve the injunction. The answer sufficiently denies all the allegations of matters which, if true, would be grounds for holding the action of the directors and electors, in regard to the bonds, void or irregular to such an extent as to invalidate the proceedings. The district had procured a site for the school house, and determined, in the manner prescribed by law, to adopt it as the place where the building should be erected; notices for the election were duly given and the proceedings and actions of the board ordering the election were sufficient. The election was conducted under the registry law; whether that was necessary we do not determine.
There are no sufficient charges of fraud made in the petition, and certainly none established by the evidence, to invalidate the proceedings. The fact that a prior election upon a proposition to borrow a large sum of money had resulted unfavorably, is no ground to defeat the subsequent action of the directors and electors. It is shown that a majority of all the votes of the district were in favor of issuing the bonds. The law charges the directors with the duty of selecting a site for the school house. It is not shown that they exercised this lawful power in such a way as to require the court to set aside the action. Other points made in the petition need not be noticed. It is our opinion that the District Judge correctly dissolved the injunction.
Modified and affirmed.