Randall v. Burk Township
South Dakota Supreme Court
Appeal from circuit court, Minnehaha'county. Hon, F. R. Aikens, Judge. Action by Polina Randall and others against the township of Burk, in Minnehaha county, and others, for an injunction. There was judgment for defendants, from which, and an order denying a new trial, plaintiffs appeal. The facts are stated in the opinion. In this state, in cases of an equitable nature tried before a court or a referee, the facts, as well as the law, may be reviewed by this appellate court.
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Appeal from circuit court, Minnehaha'county. Hon, F. R. Aikens, Judge. Action by Polina Randall and others against the township of Burk, in Minnehaha county, and others, for an injunction. There was judgment for defendants, from which, and an order denying a new trial, plaintiffs appeal. The facts are stated in the opinion. In this state, in cases of an equitable nature tried before a court or a referee, the facts, as well as the law, may be reviewed by this appellate court. The findings of the lower court in this case are therefore not conclusive upon this court, and this case may be…
1Opinion of the CourtCorson, J.
This was an action to enjoin the defendants from laying out and opening certain highways along section lines in Burk township, in said county, under a resurvey of said township in 1887-88 by one E. H. Van Antwerp, deputy county surveyor of said Minnehaha county. Judgment for defendants. A motion for a new trial was made and overruled, and the plaintiffs appealed from the judgment and order.
*3411. On the trial of the case the following stipulation was entered into by- the counsel of the respective parties: “It is stipulated and agreed, in open court, by and between the par* ties to this action,…
2Cases cited8 opinions
- Hidden v. JordanCalifornia Supreme Court · 1865
- Climer v. WallaceSupreme Court of Missouri · 1859
- Arneson v. SpawnSouth Dakota Supreme Court · 1891
- Snyder v. WrightWisconsin Supreme Court · 1861
- Hess v. MeterMichigan Supreme Court · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by70 opinions
- Bordeaux v. BordeauxMontana Supreme Court · 1905
- Jasper v. HazenNorth Dakota Supreme Court · 1894
- Finlen v. HeinzeMontana Supreme Court · 1905
- Williams v. WilliamsSouth Dakota Supreme Court · 1894
- Lehman v. SmithSouth Dakota Supreme Court · 1918
65 more not listed; retrieve them via the Exa API.