Dartmouth Savings Bank v. School Districts 6
Supreme Court Of The Territory Of Dakota
APPEAL from district court, Minnehaha county ; Hon. C. S. Palmer, Judge. The corporate existence of district 64 was in issue. It was in-, cumbent on the plaintiff to establish that all requirements of the statute had been complied with. Waterman, Cor., §§33, 38, 143, 144 ; Bigelow v. Gregory, 73 111. 197. By the statute (§ 10, chap. 40, Pol.
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APPEAL from district court, Minnehaha county ; Hon. C. S. Palmer, Judge. The corporate existence of district 64 was in issue. It was in-, cumbent on the plaintiff to establish that all requirements of the statute had been complied with. Waterman, Cor., §§33, 38, 143, 144 ; Bigelow v. Gregory, 73 111. 197. By the statute (§ 10, chap. 40, Pol. C.) under which these distriets are organized the first requirement'is a petition of a majority of the citizens residing in the districts to be affected. This is jurisdictional. Without it the superintendent cannot act. The petition is necessary to set in…
1Opinion of the CourtTripp, C. J.
This is an action to recover upon a bond and its interest coupons, alleged to have been issued by school district No. 64, Minnehaha county, Dak. The complaint, in substance, alleges that school district No. 64 was duly organized from portions of school districts Nos. 6 and 31 of said county; and that, as such corporation duly organized, it issued by its proper officers the bond in controversy, among others, to aid in the construction of a school-house for said school district No. 64, in accordance with the statute in such case made and provided; that plaintiff became and is now the owner and…
2Cases cited9 opinions
- Whiteside v. United StatesSupreme Court of the United States · 1876
- Mayor v. RaySupreme Court of the United States · 1874
- Northern Bank of Toledo v. Porter Township TrusteesSupreme Court of the United States · 1884
- Herbert & Others v. WREN & OTHERSSupreme Court of the United States · 1813
- Mayor of Baltimore v. EschbachCourt of Appeals of Maryland · 1862
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3Cited by12 opinions
- Schweigert v. AbbottSupreme Court of Minnesota · 1913
- Henderson v. School District No. 44Montana Supreme Court · 1926
- School Dist. No. 44, Caddo Co. v. TurnerSupreme Court of Oklahoma · 1903
- Cleveland v. School Dist. No. 79, Grady CountySupreme Court of Oklahoma · 1915
- Peth v. MartinWashington Supreme Court · 1903
7 more not listed; retrieve them via the Exa API.