Monticello Bank v. District Township of Coffin's Grove
Monticello Bank v. District Township of Coffin's Grove
Opinion of the Court
At the time this action was taken there were three rods on -the buildings, which were sold to the lightning-rod company. The order in question was issued for the balance of the purchase price.
At the first meeting of the electors of the district township, which was held after -this order was issued, action was taken which is shown by the record to be as follows: “March 12, 1877, district township of Coffin’s Grove convened at the school-house in Masonville and transacted the following business at that time: In the absence of D. Smith, president, H. P. Chapman was elected chairman. It was moved and •carried that the board of directors of the district township of -Coffin’s Grove be instructed not to levy a tax upon the town
In Manning v. District Township of Van Buren, 28 Iowa, 332, it was held that the school directors , of a district township have no power to bind the district in a contract for the purchase of school apparatus, unless authorized thereto by a vpte of the electors. This decision was based mainly upon section 20, chapter 173, of the Acts of the Ninth General Assembly (section 1723 of the Code). This section provided that the board of directors shall make all coiUraets, purchases, payments and sales necessary to carry out a vote of the district.
It was held in the case above cited that there was no provision clothing the board of directors with power to make-contracts or purchases of school apparatus otherwise than as provided in this section.
Section 1729 of the Code provides that the board of directors “may use any unappropriated contingent fund in the-treasury to purchase records, dictionaries, maps, charts and apparatus for the use of the schools of their districts, but shall contract no debts for this purpose. ” It is clear that-this section does not apply to the purchase of lightning rods. The board of directors have no authority to make such purchase, unless for the purpose of carrying out a vote of the-district, as directed in section 1723 of the. Code.
Affirmed,,
Reference
- Full Case Name
- The Monticello Bank v. The District Township of Coffin's Grove
- Cited By
- 2 cases
- Status
- Published