Clarke v. County of Beadle
South Dakota Supreme Court
Appeal from 'Circuit Couirt, Beadle County. Hon. Arva F. Tayror, Judge. Action toy Richard W. Clarke, and Frank Jaebn, on behalf of ■themselves and other taxpayers,'.against the County of Beadle, and T. C. Young and others as County Oammissioners' of the County of Beadle, anld The Iowa Bridge 'Company, a 'corporation, to enjoin the construction of' certain bridges. From a judgment for defendants., and from an order denying a new trial, ¡plaintiffs, appeal.
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Appeal from 'Circuit Couirt, Beadle County. Hon. Arva F. Tayror, Judge. Action toy Richard W. Clarke, and Frank Jaebn, on behalf of ■themselves and other taxpayers,'.against the County of Beadle, and T. C. Young and others as County Oammissioners' of the County of Beadle, anld The Iowa Bridge 'Company, a 'corporation, to enjoin the construction of' certain bridges. From a judgment for defendants., and from an order denying a new trial, ¡plaintiffs, appeal. On motion to 'diilsmis'si appeal. (2) To point two of the opinion, Respondents cite'd: In re Wilkins, 22 'S. D. 135; C. M. & St. P. Ry. v.…
1DissentMdCOY, J.
I am unable to concur in the conHuision reached iby my Associates in the foregoing opinion. Neither can I concur in the view that the 'decision in Holter v. Norbeck & Nicholson Co. et al. 'should be over-ruled). It appears -from the record that the commissioners, of Beadle county let ¡and1 entered into a contract with -tine I-oiwa Bridge 'Company to construct seven1 steel bridges in said county; that after the letting (of said contract, and before the beginning of this action, the bridge company purchased, had manufactured1, and ¡delivered ¡ait the place of ¡construction, the structural steel…
2Cases cited4 opinions
- Barber Asphalt Paving Co. v. HamiltonWashington Supreme Court · 1914
- Chicago, M. & St. P. Ry. Co. v. CommissionersSouth Dakota Supreme Court · 1912
- Hartson v. DaleWashington Supreme Court · 1894
- Carr v. City of MontesanoWashington Supreme Court · 1913