Van Antwerp v. Dell Rapids Township
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Arank R. Aikens, Judge. This case was first decided by this court in an opinion filed Oct. 4, 1892, reported in 3S. D. 305, 53 N. W. 82, in which opinion the judgment of the lower court in favor of the defendant was affirmed, A rehearing was subsequently ordered and this opinion is upon that rehearing.
1Opinion of the CourtCorson, P. J.
This case was decided at a former term of this court, and the opinion will be found reported in 53 N. W. *44882. A petition for a rehearing was granted, upon the application of appellant; and we have re-examined the question decided, viz: that neither the township nor the board of township supervisors possessed the power, as the law stood prior to 1890, to make the contract under which the plaintiff sought to recover in this action. This contract was alleged to be a contract to locate and survey the roads and highways in Dell Rapids township, for which the town, through its board, agreed to pay the…
2Cases cited6 opinions
- Clark v. City of Des MoinesSupreme Court of Iowa · 1865
- Cheeney v. Inhabitants of BrookfieldSupreme Court of Missouri · 1875
- Hooper v. EmerySupreme Judicial Court of Maine · 1837
- Aldrich v. CollinsSouth Dakota Supreme Court · 1892
- Van Sicklen v. Town of BurlingtonSupreme Court of Vermont · 1854
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3Cited by8 opinions
- Town of Dell Rapids v. IrvingSouth Dakota Supreme Court · 1895
- Welsh v. Centerville TownshipSouth Dakota Supreme Court · 1999
- Keen v. Board of Sup'rsSouth Dakota Supreme Court · 1896
- Grabe v. Lamro Independent Consolidated School District, No. 20South Dakota Supreme Court · 1928
- Hanson v. Township of Red RockSouth Dakota Supreme Court · 1895
3 more not listed; retrieve them via the Exa API.