In Re Forming & Organizing Common School Dist.

This proceeding was commenced under the provisions of chapter 175 of the South Dakota Session Laws of 1923. The trial court, as in the case of Nold v. Onaka School District, 60 S. D. 482, 245 N. W. 43, entered “findings of fact,” “conclusions of law,” and “judgment.” As was pointed out in the Onaka Case, these so-called findings of fact and conclusions of law have no place in this proceeding. However, in this case there was no basis for the order the trial court finally made, except testimony taken upon the hearing, and the record thus made was settled under the provisions of article 2, c. 3,…