Legal Opinion

Tripp v. City of Yankton

South Dakota Supreme Court

Decided March 5, 1898PublishedCited by 10 opinions

Appeal from circuit court, Yankton county. Hon. E. G. Smith, Judge. Action to cancel a special tax. Defendant had judgment, from which and from an order denying his motion for a hew trial, plaintiff appeals. The facts are stated in the opinion.

1Opinion of the CourtFuller, J.

To recover alleged damages occasioned by an excavation by th@ defendant, a miwicipal corporation, on the *517south and west sides of block 50, Yankton, and particularly the west end of plaintiff’s lots 7, 8 and 9 thereof, and to cancel and restrain the collection of a special tax levied on account of a sidewalk constructed of cement on the grade thus prepared, this action was instituted, and the appeal is by plaintiff from a judgment for defendant and an order overruling a motion for a new trial. Subsequently to the answer of respondent, the complaint was amended by leave of court, and served…

2Cases cited19 opinions

  1. Paulsen v. PortlandSupreme Court of the United States · 1893
  2. Morrison v. HershireSupreme Court of Iowa · 1871
  3. Scarborough v. SmithSupreme Court of Kansas · 1877
  4. White v. People ex rel. City of BloomingtonIllinois Supreme Court · 1880
  5. Gatch v. City of Des MoinesSupreme Court of Iowa · 1884

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3Cited by10 opinions

  1. Beddow v. FlageNorth Dakota Supreme Court · 1911
  2. Sheets v. ProsserNorth Dakota Supreme Court · 1907
  3. González Reyes v. González ReyesSupreme Court of Puerto Rico · 1932
  4. Koenkamp v. PicassoSouth Dakota Supreme Court · 1935
  5. Heyler v. City of WatertownSouth Dakota Supreme Court · 1902

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