Smithwick School Dist. No. 6 v. Lincoln School Dist. No. 26
South Dakota Supreme Court
Appeal from Circuit Court,. Fall River County. Hon. LEvjí McGee, Judge. Action by the Smithwick School District No. 6, against Lincoln School District No. 26 and others, to recover an alleged indebtedness arising on division of school districts. From a judgment sustaining demurrer to their answer, defendants appeal. (2) To point two of the opinion. Appellants cited: Code Civ.
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Appeal from Circuit Court,. Fall River County. Hon. LEvjí McGee, Judge. Action by the Smithwick School District No. 6, against Lincoln School District No. 26 and others, to recover an alleged indebtedness arising on division of school districts. From a judgment sustaining demurrer to their answer, defendants appeal. (2) To point two of the opinion. Appellants cited: Code Civ. Proc., Secs. 276, 277; Kierkow v. Young, 21 S. D. 180; Gull River Lumber Co. v. School District, I N. D. 500, 48 N. W. 4275 31 Cyc. 347. Respondent cited: 135 Cyc. ^45-^46; Section 238 C. C. P.; 29 N. Y. Suppl. 432; 24…
1Opinion of the CourtWhiting, J.
Proceeding ’under section 69, c. 135, Laws .1907, defendant district was organized out of a part of plaintiff district. Such section provides, among other things, that:
“At the regular meeting of the board of county commissioners in July following said election, the board of county commissioners and the county superintendent shall make an equitable apportionment of the property and indebtedness (other than bonded) of the district among the new districts formed therefrom.”
The commission named in such section met pursuant thereto and apportioned the property and indebtedness of the old district…
2Cases cited4 opinions
- McCoy v. HandlinSouth Dakota Supreme Court · 1915
- Davenport v. ElrodSouth Dakota Supreme Court · 1906
- Board of Ed'n v. Board of Ed'nWest Virginia Supreme Court · 1887
- Spencer v. Sully CountySupreme Court Of The Territory Of Dakota · 1887
3Cited by3 opinions
- Newman v. HjelleNorth Dakota Supreme Court · 1965
- Caldwell v. PiersonSouth Dakota Supreme Court · 1916
- Watertown Independent School District No. 1 v. Codington County Board of EducationSouth Dakota Supreme Court · 1968