Northwestern Elevator Co. v. Lee
South Dakota Supreme Court
Appeal from circuit court, Codington county. Hon. Julian Bennett, Judge. Action by the Northwestern Elevator Company against B. E. Lee and others, as a board of county commissioners of Codington county. From a judgment in favor of defendants, plaintiff appeals.
1Opinion of the CourtFuller, P. J.
The object of this suit is to set aside an assessment levied on 3,000 bushels of wheat in appellant’s elevator in the city of Watertown on the 1st day of May, 1894, and this appeal is from a judgment dismissing the action, with costs taxed in favor of respondents. That the grain was in the actual possession of appellant at the time indicated appears from the petition or complaint, and upon the undisputed testimony the court found as a matter of fact that on May 1, 1894, appellant was the owner of the grain, and rightfully concluded therefrom that the same was legally subject to assessment and…
2Cases cited5 opinions
- Pierce v. ManningSouth Dakota Supreme Court · 1892
- Gade v. CollinsSouth Dakota Supreme Court · 1896
- Barnard & Leas Manuf'g Co. v. GallowaySouth Dakota Supreme Court · 1894
- Norwegian Plow Co. v. BellonSouth Dakota Supreme Court · 1893
- Hagaman v. GillisSouth Dakota Supreme Court · 1896
3Cited by2 opinions
- Northwestern Elevator Co. v. LeeSouth Dakota Supreme Court · 1901
- Nelson v. JordethSouth Dakota Supreme Court · 1901