Legal Opinion

Hoisington v. Price

South Dakota Supreme Court

Decided November 7, 1913PublishedCited by 2 opinions

Appeal from Circuit Court, Lincoln County. Hon. Joseph YV. Jokes, Judge. Action by A. L. Hoisington against George A. Price and another, to foreclose certain drainage ditch assessment certificates. From a judgment for plaintiff, and from an order denying a new trial, defendants appeal.

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Appeal from Circuit Court, Lincoln County. Hon. Joseph YV. Jokes, Judge. Action by A. L. Hoisington against George A. Price and another, to foreclose certain drainage ditch assessment certificates. From a judgment for plaintiff, and from an order denying a new trial, defendants appeal. This waiver and consent by its own language shows that all it pertained to was extending the ditch further west 8o rods, that it in no manner consented that the whole course of the ditch should be changed. The ditch as petitioned for, (petition, settled record, page 137), emptied into a creek after going about…

1Opinion of the Court

SMITH, J.,

Appeal from circuit court of Lincoln county. Plaintiff’s action was to foreclose certain ditch assessment certificates, against George A. Price as owner of certain real property and Leavitt & Johnson Trust Company, a corporation, as junior mortgagee. The defendants interposed a defense to the action. That the ditch assessment certificates are void by reason of irregularities in the proceedings leading up to their issuance, in that: First, no proper record was kept of the ditch proceedings; second, because the meetings of the commissioners at which the ditch proceedings were had were…

2Cases cited2 opinions

  1. State v. DoranSouth Dakota Supreme Court · 1912
  2. Lee v. Clark Implement Co.South Dakota Supreme Court · 1913

3Cited by2 opinions

  1. Smith v. PenceSouth Dakota Supreme Court · 1914
  2. Anderson v. LarsonSouth Dakota Supreme Court · 1934

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