Smith v. Tobin

DUNN, Justice.

This is an appeal from an order of the trial court denying the maintenance of a class action under SDCL 15-6-23. We dismiss the appeal.

Appellees Luevern Smith and Betty Jones, on behalf of themselves as taxpayers of the County of Tripp and for all others similarly situated, brought suit against appellant Tom D. Tobin, state’s attorney, and appellants Warren E. Sealey, Don Mason and Wesley Frantz, county commissioners. Appellees seek recovery of the sum of $14,-958.20, which they allege was illegally paid to Tobin by the county commissioners.

The case was set for a jury trial by…