Heyler v. City of Watertown
South Dakota Supreme Court
Appeal from circuit court, Codington county. Hon. Jul-an Bennett, Judge. Action by Edward W. Heyler against the city of Water-town. Prom a judgment for defendant, plaintiff appeals.
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Appeal from circuit court, Codington county. Hon. Jul-an Bennett, Judge. Action by Edward W. Heyler against the city of Water-town. Prom a judgment for defendant, plaintiff appeals. The city of Watertown being a chartered city and existing under a special charter is not governed by chapter 150, Session Laws of 1893, but is governed by the special act incorporating the city of Watertown and in the construction of sewers is governed by subdivision 9 of section 7, of the charter. State v. Powers, 5 S. D. 627; State v. Stoll, 17 Wall, 425; Dillon Mun. Corp. § 4; City of Janesville v. Markoe, 18…
1Opinion of the CourtCorson, J.
This is an appeal from a judgment. The action was brought by the plaintiff to enjoin the city of Water-town from constructing a system of sewerage. A demurrer to the complaint was sustained. The only question to be determined is, are the provisions of chapter 150 of the Session Laws of 1893 in force in the city of Watertown? that city being organized under a special charter, and not having become reorganized under the laws for the incorporation of cities enacted in 1890. The appellant contends that, as the city of Watertown is a city existing under a special charter, the provisions of the law…
2Cases cited7 opinions
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- Bruce v. PittsburgSupreme Court of Pennsylvania · 1895
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- Tripp v. City of YanktonSouth Dakota Supreme Court · 1898
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