Gollnick v. Luedtke
South Dakota Supreme Court
Appeal from Circuit Court, Day County. Hon. Frank AndErso-n, Judge. Action by John Gollnick, against William Duedtke, Emil Euedtke and another as the Board of Education of School District Number 183, Day County, South Dakota, to enjoin defendants as such school officers from undertaking, -by purchasing a new' site, to locate a school house upon a new site. From an order dissolving a temporary injunction, plaintiff appeals.
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Appeal from Circuit Court, Day County. Hon. Frank AndErso-n, Judge. Action by John Gollnick, against William Duedtke, Emil Euedtke and another as the Board of Education of School District Number 183, Day County, South Dakota, to enjoin defendants as such school officers from undertaking, -by purchasing a new' site, to locate a school house upon a new site. From an order dissolving a temporary injunction, plaintiff appeals. (1) To point one of the opinion, Appellant cited: 20 C. J. 70; 'Smith v. Thomas, 52 Pac. 1079; Bernsmeyer v. Kreitz, 26 N. E. 704. Respondents cited: 9 R. C. L., p. 1031,…
1Opinion of the CourtWhiting, J.
This action was brought to restrain defendants, as school officers, from undertaking, by purchase of a new site, to locate a schoolhouse at a place other than that then occupied by the existing schoolhouse. . The existing building had become unfit for use; and a new schoolhouse had been authorized when an election was held on the question of adopting a site for the new building. This was a special election. Defendants claim that the electors, by their votes, authorized the purchase of -the new site about a mile from the site of the present building. The trial court held with defendants. The…
2Cases cited3 opinions
- State ex rel. Jay v. MarshallMontana Supreme Court · 1893
- Viktora v. CressmanSouth Dakota Supreme Court · 1918
- Luze v. BrueningSouth Dakota Supreme Court · 1920
3Cited by1 opinion
- Mitchell Produce Co. v. MorrisonSouth Dakota Supreme Court · 1934