Wilson v. Board of Education
South Dakota Supreme Court
Appeal from circuit court, Beadle county. Hon. A. W. Campbell, Judge. Action by Etherial Wilson against the board of education of the city of Huron, to recover upon certain funding bonds. Judgment for defendant, and plaintiff appeals. The Board of Education of the City of Huron is a corporation distinct and separate from the city of Huron. It is not a mere department of the city.
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Appeal from circuit court, Beadle county. Hon. A. W. Campbell, Judge. Action by Etherial Wilson against the board of education of the city of Huron, to recover upon certain funding bonds. Judgment for defendant, and plaintiff appeals. The Board of Education of the City of Huron is a corporation distinct and separate from the city of Huron. It is not a mere department of the city. Being a corporate entity separate and distinct from the city proper, it can incur a bonded indebtedness without reference to the indebtedness of the city. The indebtedness of the cily of Huron and the indebtedness of…
1DissentHaney, J.
I concur in the contusion that defendant is a public corporation, distinct from that of the city of Huron. The act providing for its creation expressly authorized the issuing of bonds for the purposes recited in the bonds in suit, upon a vote of the people, which the answer admits was had, and they seem in form, to meet all the requirements of the statute (Comp. Laws, §§ 1830-1882). But defendant alleges “that neither at the time of the issuance of the bonds mentioned and described in plaintiffs complaint, nor at any' other time, either before the issuance of said bonds, nor since the…
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