Town of Wayne v. Caldwell
South Dakota Supreme Court
Appeal from, circuit court, Minnehaha county. Hon. Frank R. Aikens, Judge. The facts and nature of the proceedings are fully stated in the opinion. The objections presented by the affidavits are mere irregularities, in no sense jurisdictional. They were waived by the stipulation, also by appearing and submitting to the jurisdiction and trying the case.
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Appeal from, circuit court, Minnehaha county. Hon. Frank R. Aikens, Judge. The facts and nature of the proceedings are fully stated in the opinion. The objections presented by the affidavits are mere irregularities, in no sense jurisdictional. They were waived by the stipulation, also by appearing and submitting to the jurisdiction and trying the case. Hughes v. Beggs, 16 N. E. 817. The supervisors having acquired jurisdiction under the petition, the statutory requirements relating to subsequent proceedings will be deemed directory only. U. S. Trust Co. v. Insurance Co., 18 N. Y. 199; Howard…
1Opinion of the CourtBennett, J.
This is an appeal from an order of the circuit court setting aside a verdict, and vacating a judgment rendered -in a matter of damages arising by reason of the board of supervisors of the town of Wayne laying out and establishing a *485road across the land of appellant. The bill of exceptions shows that the cause was submitted to the court below upon a stipulation entered into and agreed to by both the town of Wayne and the appellant. The stipulation is as follows: ‘Whereas it appears from the papers on appeal in the above entitled action that certain irregularities exist concerning the…
2Cited by16 opinions
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- Koloen v. Pilot Mound TownshipNorth Dakota Supreme Court · 1916
- Ehlers v. JonesSouth Dakota Supreme Court · 1965
- Bright v. JuhlSouth Dakota Supreme Court · 1903
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