Legal Opinion

Holmes v. Miller

South Dakota Supreme Court

Decided July 15, 1946No. File No. 8836PublishedCited by 15 opinions

1Opinion of the CourtRudolph, P.J.

The Board of County Commissioners of Ziebach County, purporting to act under the authority of Sec. 6, Ch. 25, Laws of 1939, as amended by Ch. 38, § 2, Laws of 1941, exchanged certain county owned land for land owned by one Mitchell. The respondent Holmes, was in possession of the county land' under a lease, and appealed from the action of the County Commissioners to the circuit court. The circuit court held that the action of the board in exchanging the land was unauthorized and the board has appealed to this court.

Two questions preliminary to the merits are presented. Appellant first…

2Cases cited5 opinions

  1. Barnum v. EwingSouth Dakota Supreme Court · 1928
  2. Pierre Water-Works Co. v. Hughes CountySupreme Court Of The Territory Of Dakota · 1888
  3. Hoyt v. Hughes CountySouth Dakota Supreme Court · 1913
  4. Codington County v. Board of County Com'rsSouth Dakota Supreme Court · 1927
  5. County of Codington v. Board of County CommissionersSouth Dakota Supreme Court · 1924

3Cited by15 opinions

  1. Simpson v. TobinSouth Dakota Supreme Court · 1985
  2. Owens v. City of BeresfordSouth Dakota Supreme Court · 1972
  3. Northwestern National Bank of Sioux Falls v. GillisSouth Dakota Supreme Court · 1967
  4. Seymour v. Western Dakota Vocational Technical InstituteSouth Dakota Supreme Court · 1988
  5. Weger v. Pennington CountySouth Dakota Supreme Court · 1995

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