Coler v. Rhoda School Township
South Dakota Supreme Court
Appeal from circuit court, Clay county. Hon. E. G-. Smith, Judge. Action to recover on interest coupons detached from school district bonds. Prom a judgment for defendant, and an order denying a new trial, plaintiff appeals. The facts are stated in the opinion. It is neither the duty nor the province of courts to construe two separate acts, so that the latter of the two must of necessity repeal the former.
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Appeal from circuit court, Clay county. Hon. E. G-. Smith, Judge. Action to recover on interest coupons detached from school district bonds. Prom a judgment for defendant, and an order denying a new trial, plaintiff appeals. The facts are stated in the opinion. It is neither the duty nor the province of courts to construe two separate acts, so that the latter of the two must of necessity repeal the former. Wis. v. Brown, 1 Wis. 442; Coin v. Dwight, 55 N. W. 587. A repeal by implication is not favored; on the contrary courts are bound to uphold the prior law if the two acts may well subsist…
1Opinion of the CourtFuller, J.
By virtue of certain provisions of chapter 44 of the Session Laws of 1883, plaintiff brought suit against the defendant for the amount of a number of overdue interest coupons detached from bonds purporting to have been issued by school district number 13 according to the provisions of chapter 24, Laws 1881, and it is alleged that said district was organized as provided by section 10 of chapter 14, Laws 1879. Rhoda school township defended upon the theory that district number 13 never had a legal existence, and that the bonds in question *644Were unauthorized, irregularly issued, and void. A trial…
2Cases cited12 opinions
- Town of Coloma v. EavesSupreme Court of the United States · 1876
- Board of Comm'rs of Knox Cty. v. AspinwallSupreme Court of the United States · 1859
- Moran v. the Commissioners of Miami CountySupreme Court of the United States · 1863
- Orleans v. PlattSupreme Court of the United States · 1879
- National Life Ins. Co. of Montpelier v. Board of EducationCourt of Appeals for the Eighth Circuit · 1894
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3Cited by2 opinions
- Jacobi v. ClarksonSouth Dakota Supreme Court · 1932
- Isaacson v. ParkerSouth Dakota Supreme Court · 1920