Ewert v. Mallery
South Dakota Supreme Court
Appeal from circuit court, Hughes county. Hon. Loring E. Gappy, Judge. Action by Adolph Ewert against John E. Mallery, .president of board of education of the city of Pierre, and others. Judgment for defendants. Plaintiff appeals.
1Opinion of the CourtHaney, P. J.
This is an action to enjoin the issuing of certain refunding bonds. The plaintiff appeals from a judgment of dismissal on the merits. There is no dispute regarding the facts. So far as necessary to an understanding of the legal propositions discussed, they are as follows: The plaintiff is a resident, taxpayer, and elector of the city of Pierre, in this state. The defendants are members and officers of the board of education of the city of Pierre. Such board of education is now, and was at all the times mentioned herein, a public school corporation created by and existing under the laws of…
2Cases cited4 opinions
- 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
- Graves v. Jasper School TownshipSouth Dakota Supreme Court · 1892
3Cited by4 opinions
- Sebern v. CobbIdaho Supreme Court · 1925
- Banta v. Clarke CountySupreme Court of Iowa · 1935
- Walling v. LummisSouth Dakota Supreme Court · 1902
- In Re Opinion of the JudgesSouth Dakota Supreme Court · 1939