Holter v. Wagoner
South Dakota Supreme Court
Appeal from Circuit Court, Lyman County. Hon. William WILLIAMSON, Judge. Action by Engebrit J. Holter against John Wagoner and others to enjoin the construction of artesian wells by Norbeck & Nicholson Company for Grouse Township, Lyman County, South Dakota. From a judgment for defendants dissolving a temporary injunction and dismissing the action, and from an order denying a new trial, plaintiff appeals.
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Appeal from Circuit Court, Lyman County. Hon. William WILLIAMSON, Judge. Action by Engebrit J. Holter against John Wagoner and others to enjoin the construction of artesian wells by Norbeck & Nicholson Company for Grouse Township, Lyman County, South Dakota. From a judgment for defendants dissolving a temporary injunction and dismissing the action, and from an order denying a new trial, plaintiff appeals. This is not a case where in the acts involved have been performed; the relief sought is not one that cannot now be granted effectively. The questions at issue are the legality of said…
1Opinion of the CourtMcCOY, J.
This action was instituted to enjoin the construction of certain artesian wells under a certain contract made *139and entered into by and between the municipal officers of Grouse township, Lyman county, and the Norbeck & Nicholson Company, constructors of artesian wells, and also to enjoin the issuance of certain bonds and the creation of indebtedness to pay for the construction of said wells. The said injunction was prayed for on the ground that the procedure on the part of the officers of said township was irregular and void. At the time of the beginning of the action a temporary injunction…
2Cases cited1 opinion
- Chicago, M. & St. P. Ry. Co. v. CommissionersSouth Dakota Supreme Court · 1912
3Cited by6 opinions
- Clarke v. County of BeadleSouth Dakota Supreme Court · 1918
- State v. One Buick Automobile Touring Car K-49North Dakota Supreme Court · 1921
- Sayre v. Village of AlsenNorth Dakota Supreme Court · 1922
- Hansen v. Gregory CountySouth Dakota Supreme Court · 1934
- Crawford v. LeFevreWest Virginia Supreme Court · 1916
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