Walling v. Lummis
South Dakota Supreme Court
Appeal from circuit' court,' Custer county; Hon. W. G. Rice, Presiding Judge. Injunction by W. H. Walling against S. C. Lummis, county treasurer Custer county, to restrain the issuance of refunding bonds. Prom a judgment for defendant, plaintiff appeals. The debt of any county shall never exceed five per centum upon the assessed value of the taxable property therein. § 4 . Art. XIII, Constitution.
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Appeal from circuit' court,' Custer county; Hon. W. G. Rice, Presiding Judge. Injunction by W. H. Walling against S. C. Lummis, county treasurer Custer county, to restrain the issuance of refunding bonds. Prom a judgment for defendant, plaintiff appeals. The debt of any county shall never exceed five per centum upon the assessed value of the taxable property therein. § 4 . Art. XIII, Constitution. This provision is a plain limitation of the aggregate amount of county indebtedness, whether by loan or otherwise. People v. May, 9 Colo. 82; Lake County v. Rollins, 130 U. S. 669. Does not apply to…
1Opinion of the CourtCorson, J.
This is an appeal from a judgment in favor of the defendant entered upon an agreed case. It is stipulated n the statement of facts that in 1895, 1896, and 1897 there was issued to Elta N. Drew general fund warrants of the county of Ouster to the amount of several hundred dollars, which were duly presented for payment, and indorsed “Not paid for want of funds,” and duly registered; that on July 1, 1902, the assessed valuation of Custer county was $1,300,000; that the outstanding bonded indebtedness was $71,019; that the outstand*352ing warrant indebtedness of said county, as represented by its…
2Cases cited5 opinions
- In re State WarrantsSouth Dakota Supreme Court · 1895
- National Life Insurance v. MeadSouth Dakota Supreme Court · 1900
- Hyde v. EwertSouth Dakota Supreme Court · 1902
- City of Mitchell v. SmithSouth Dakota Supreme Court · 1899
- Ewert v. MallerySouth Dakota Supreme Court · 1902
3Cited by3 opinions
- Schomer v. ScottSouth Dakota Supreme Court · 1937
- Gross v. City of BowdleSouth Dakota Supreme Court · 1921
- Western Surety Co. v. Mellette CountySouth Dakota Supreme Court · 1934