Stuart v. Kirley
South Dakota Supreme Court
Appeal from circuit court, Hughes county, Hon. Loring E. Gappy, Judge. Action by James Stuart and others against Joseph Kirley and others. Prom an order denying an injunction to restrain defendants from giving notice of the submission of the question of a change of county boundaries, plaintiffs appealed. The facts are stated in the opinion.
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Appeal from circuit court, Hughes county, Hon. Loring E. Gappy, Judge. Action by James Stuart and others against Joseph Kirley and others. Prom an order denying an injunction to restrain defendants from giving notice of the submission of the question of a change of county boundaries, plaintiffs appealed. The facts are stated in the opinion. Chapter 41, Laws of 1897, under which the proceedings sought to be enjoined herein were had, is in conflict with Section 1, Art. 9 of the constitution, in that it is a special and not a general law and is void. 3 Am. and Eng. Enc. of Law 696; Contiri v.…
1Opinion of the CourtCorson, P. J.
This is an action by the plaintiffs as residents, property holders, and taxpayers of' the unorganized counties of Nowlin, Sterling, and Jackson, against the defend ants Kirley, McGarry, and Hayes, as members of and constituting the board of county commissioners of Stanley county, *251arid Frost, as county auditor of said county, and trie defendant Stanley county, to obtain an injunction enjoining and restraining said board from giving notice that the question of changing and defining the boundaries of said Stanley county would be submitted to the electors of Stanley county at the general election…
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- Division of Howard CountySupreme Court of Kansas · 1875
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