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STATE v. MISKIMINS

No. 48724.

72 N.W.2d 571 (1955)

STATE of Iowa ex rel. W. B. CARSTENS et al., Appellants, v. Wendell MISKIMINS, Donald Francis, Otto Garrels, Raymond Weber, and Marlin Meppen, Members of the Board of Directors, and E. B. Hansen, Secretary, and George Metzger, Treasurer of the Consolidated Independent School District of Palmer, and The Consolidated Independent School District of Palmer, Appellees, and As Intervening Parties Plaintiff, Carl Stamper, Margaret Z. Hage, by Carl Stamper, Attorney in Fact, Enno J. Dornath, Ben Post, Herman Post and Harvey Post, Intervenors-Appellants.

Supreme Court of Iowa.

October 18, 1955.

Attorney(s) appearing for the Case

Garfield, Baker & Miller, Humboldt, for appellants.

S. Van Alstine, Gilmore City, for intervenors-appellants.

Donald G. Beneke, Laurens, and Willard M. Freed, Gowrie, for appellees.

OLIVER, Chief Justice.

This is a suit in quo warranto against Consolidated Independent School District of Palmer and its officers and directors, in which plaintiffs and intervenors pray that the organization of said district be adjudicated invalid. Upon trial the court dismissed the petitions. Plaintiffs and intervenors appeal.

The single defect in the proceedings claimed to have invalidated them, was the failure of the county superintendent of schools to...

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