Webster v. White
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Jos. W. Jones, Judge. Action for injunction and for damages. Plaintiff had judgment, and defendants appeal. The facts are stated in the opinion. An injunction will not be granted to restrain a public officer in the performance of his official duties. Story Eq. Jurisp. 13th Ed. § 955a; Throop on Public Officers, § 842; 2 High on Injunctions §§ 1309, 1311; Appeal of Delaware County i 13 Atl.
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Appeal from circuit court, Minnehaha county. Hon. Jos. W. Jones, Judge. Action for injunction and for damages. Plaintiff had judgment, and defendants appeal. The facts are stated in the opinion. An injunction will not be granted to restrain a public officer in the performance of his official duties. Story Eq. Jurisp. 13th Ed. § 955a; Throop on Public Officers, § 842; 2 High on Injunctions §§ 1309, 1311; Appeal of Delaware County i 13 Atl. Rep. 62; Emmons v. Campbell, 22 Hun. 582. The location of the highway and of the .section line was an issue of fact for a jury. Smith v. Gardner, 12 Or.…
1Opinion of the CourtHaney, J.
This action was brought to enjoin defendants from opening and maintaining a section-line highway through plaintiff’s land, and to recover damages resulting from an attempt to do so. The line between sections 25 and 26, Split Bock township, Minnehaha county, is the one in dispute. The highway along what was claimed to be this section line had been worked and traveled for a number of years, when, in April, 1893, the township employed the county surveyor to survey its lines and erect landmarks, under'Chap. 35, Laws 1890. In making such survey the county surveyor located the line about 18 rods…
2Cases cited2 opinions
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- Randall v. Burk TownshipSouth Dakota Supreme Court · 1893
3Cited by14 opinions
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- In re McClellan's EstateSouth Dakota Supreme Court · 1906
- Nebraska Electric Generation & Transmission Coop., Inc. v. MarkusSouth Dakota Supreme Court · 1976
- Sands v. CruikshankSouth Dakota Supreme Court · 1901
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