State ex rel. Mort v. Tralstead
South Dakota Supreme Court
Appeal from Circuit Court, Codington County. Hon. Carl G. Si-iErwood, Judge. Original proceeding in the nature of guo warranto, by the state, on relation of John Mort, against Ole Tralstead and others, directors of a consolidated school district, and said school district. From an order overruling a demurrer to the complaint, defendants appeal. (2) To point two of the opinion, Appellant cited: Laws 1907, Ch. 135, Sec. 1x5; Sec. 176, Subd. 7. Respondent cited: Code Civ.
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Appeal from Circuit Court, Codington County. Hon. Carl G. Si-iErwood, Judge. Original proceeding in the nature of guo warranto, by the state, on relation of John Mort, against Ole Tralstead and others, directors of a consolidated school district, and said school district. From an order overruling a demurrer to the complaint, defendants appeal. (2) To point two of the opinion, Appellant cited: Laws 1907, Ch. 135, Sec. 1x5; Sec. 176, Subd. 7. Respondent cited: Code Civ. Proc., Secs. 571, 573, 574; Coler v. Diwight School District, (N.D.) 50 N. W. 589; 32 Cyc. 1315, 837; Community Ditches w…
1Opinion of the CourtGates, J.
[1,2] An attempt was made to organize a consolidated school district under the provisions of chapter 194, Laws 1913, out of a portion of Waverly school district No. 63 of Cod-ington county and of Troy school -district No. 1 of Grant county. The larger portion of the new district was in the latter county, and the county -superintendent of -that county made an order on August 14, 1914, declaring the new district organized. On September 29, 1914, the present action was instituted by leave of court; the same being an action under the provisions of chapter 26, C. C. P. Relator is one of the…
2Cases cited6 opinions
- Schweigert v. AbbottSupreme Court of Minnesota · 1913
- Davenport v. ElrodSouth Dakota Supreme Court · 1906
- Cole v. City of WatertownSouth Dakota Supreme Court · 1914
- Dartmouth Savings Bank v. School Districts 6Supreme Court Of The Territory Of Dakota · 1889
- Territory ex rel. Peterson v. HauxhurstSupreme Court Of The Territory Of Dakota · 1882
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3Cited by2 opinions
- Rural Independent School District v. County Board of EducationSupreme Court of Iowa · 1961
- State Ex Rel. Brown v. Union High School District No. 7Oregon Supreme Court · 1939