Edinburg American Land & Mortgage Co. v. City of Mitchell
South Dakota Supreme Court
Appeal from district court, Davison county. Hon. Bartlett Tripp, Judge. Action upon three certain warrants drawn in favor of one Calhoun by the school board of District No. 6, Davison county, which district was succeeded by the City of Mitchell, the defendant. Judgment for plaintiff. Defendant appeals. Affirmed. Corson,, P. J., dissenting. The facts are stated in the opinion.
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Appeal from district court, Davison county. Hon. Bartlett Tripp, Judge. Action upon three certain warrants drawn in favor of one Calhoun by the school board of District No. 6, Davison county, which district was succeeded by the City of Mitchell, the defendant. Judgment for plaintiff. Defendant appeals. Affirmed. Corson,, P. J., dissenting. The facts are stated in the opinion. The school district had no authority to incur an indebtedness in excess of one per cent, of the taxable property therein. The action of the inhabitants of the district in voting to build a school house costing more than…
1Opinion of the CourtBennett, J.
This was an action based upon three certain warrants drawn in favor of one H. H. Calhoun by the school board of distrtct No. 6, Davison county, which district was succeeded by the City of Mitchell. The warrants are dated September 10, 1881, are of the amounts of $350, $350, and $330, respectively, and were issued by the school board of that district in final settlement upon a contract for building a school house, and subsequently transferred by Calhoun to the plaintiff. The answer of defendant alleges that the warrants or orders set out in the several causes of action were issued by school…
2Cases cited5 opinions
- Clark v. City of Des MoinesSupreme Court of Iowa · 1865
- Cheeney v. Inhabitants of BrookfieldSupreme Court of Missouri · 1875
- Board of Commissioners v. DayIndiana Supreme Court · 1862
- Kane v. School DistrictWisconsin Supreme Court · 1881
- Brown v. Town of JacobsWisconsin Supreme Court · 1890
3Cited by6 opinions
- Heffleman v. Pennington CountySouth Dakota Supreme Court · 1892
- Meyer v. School District No. 31South Dakota Supreme Court · 1893
- Stewart v. Custer CountySouth Dakota Supreme Court · 1900
- Western Surety Co. v. Mellette CountySouth Dakota Supreme Court · 1934
- Rochford v. School Dist. No. 11South Dakota Supreme Court · 1903
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