Rochford v. School Dist. No. 6
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county; Hon. Joseph W. Jones, Judge. Action by G. E. Rochford against School District No. 6, Lyman county, and others. From a judgment in favor of defendants, plaintiff appeals.
1Opinion of the CourtFuller, J.
The undisputed evidence offered at the trial of this action to recover the amount of a purported school warrant offered and received in evidence conclusively shows the same to be wholly without consideration and void as to the school district, because issued in plain violation of section 2366 of the Revised Political Code. Capital Bank of St. Paul v. School Dist., 1 N. D. 479, 48 N. W. 363. Assuming, as contended by counsel for appellant, that respondent Bills guaranteed the payment, there could be no recovery against him, in any event, until the warrant was presented to the treasurer as…
2Cases cited2 opinions
- Capital Bank v. School District No. 53North Dakota Supreme Court · 1890
- Greely v. McCoySouth Dakota Supreme Court · 1892