State ex rel. Curtis v. Pound
South Dakota Supreme Court
On petition for rehearing. [1] Under point one of the opinion, Appellants cited: Laws 1907, Oh. 134, Sec. 4, 5; Laws 1909, Ch. 102; 29 Cyc. 1132; Chicágo etc., R. Co. v. Smith, 78 Ill. 96; O. B. 72-81; Zumbro v. Parnin, (Ind.) 40 N. R. 1085, and cases cited. Respondents cited: Drainage Ditch v. Richardson Co., 86 Neb. 358, 360; Laws 1909, Ch. 102, Secs. 3, 12. (2) Under point two’ of the opinion, Respondents cited: Section 530, Code Civ. Proc.; Sec. 1849, Pol.
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On petition for rehearing. [1] Under point one of the opinion, Appellants cited: Laws 1907, Oh. 134, Sec. 4, 5; Laws 1909, Ch. 102; 29 Cyc. 1132; Chicágo etc., R. Co. v. Smith, 78 Ill. 96; O. B. 72-81; Zumbro v. Parnin, (Ind.) 40 N. R. 1085, and cases cited. Respondents cited: Drainage Ditch v. Richardson Co., 86 Neb. 358, 360; Laws 1909, Ch. 102, Secs. 3, 12. (2) Under point two’ of the opinion, Respondents cited: Section 530, Code Civ. Proc.; Sec. 1849, Pol. Code; Laws 1903, Ch. 205, Sec. 3. (3) Under point three of the opinion, Appellants cited: Pol. Code, Secs. 851-4; In re Yankton-Clay…
1Opinion of the CourtWhiting, J.
This cause is before us on rehearing; our former opinion being reported in 32 S. D. 492, 143 N. W. 778. Reference to said opinion is made for a statement of the case and of the questions therein discussed and decided.
[1] It will be found that the only question pertaining to the merits, which was discussed therein, was the following:
“Where, as in the case at bar, the original petition asking for the establishment of a drainage ditch asks for a ditch about one-half mile in length — the description thereof in the petition giving the initial and terminal points — does the filing of such petition…
2Cases cited3 opinions
- Zumbro v. ParninIndiana Supreme Court · 1895
- Milne v. McKinnonSouth Dakota Supreme Court · 1913
- State ex rel. Curtis v. PoundSouth Dakota Supreme Court · 1913
3Cited by2 opinions
- Brekke v. City of Sioux FallsSouth Dakota Supreme Court · 1949
- Lake County v. Orland Twp.South Dakota Supreme Court · 1931