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EVERDING v. BOARD OF EDUCATION

No. 48921.

76 N.W.2d 205 (1956)

Otto EVERDING, Donald Fredericks, Carsten Bahnsen, George Grundel, Dave Edgar, R. V. Wilkinson, Appellants, v. The BOARD OF EDUCATION IN AND FOR FLOYD COUNTY, Iowa, Fannie G. Howell, Secretary and Executive Officer, and Mrs. Wilber Forsyth, Chairman, and The Board of Education in and for Cerro Gordo County, Iowa, Mrs. Hazel V. Chappell, Secretary and Executive Officer, and Earl Dean, Chairman, and The Board of Education in and for Mitchell County, Iowa, L. P. Ortale, Secretary and Executive Officer, and Rolland Eske, Chairman, Appellees.

Supreme Court of Iowa.

April 4, 1956.

Attorney(s) appearing for the Case

Murray H. Finley and Thomas C. Teas, Mason City, and B. C. Sullivan, Rockford, for appellants.

Laurence E. Plummer, Northwood, and Zastrow, Noah & Smith, Charles City, for appellees.

GARFIELD, Justice.

The question presented is whether residents of an existing school district are authorized by statute to appeal from an order of joint boards of education of three counties, under section 275.16, Code 1954, I.C.A., determining and fixing the boundaries of a community school district, proposed to be established under Code (1954) chapter 275, to include land within the existing district. In adjudicating a law point under rule 105, Rules of Civil Procedure...

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