Issenhuth v. Baum
South Dakota Supreme Court
Appeal from circuit court, Beadle county. Hon. J. O. Andrews, Judge. Action by Franklin Issenhuth against Martin Baum and another to recover damages for the alleged wrongful removal of a fence and the excavation of earth for the purpose of constructing a highway. Judgment for plaintiff, and defendants appeal. The facts are stated in the opinion.
1Opinion of the CourtFuller, J.
Answering the complaint in this action for damages occasioned by the alleged unlawful removal of 10 rods of wire fence, and the excavatiou of earth for the purpose of constructing a public highway over and upon a portion of plaintiff’s premises, the defendants relied upon certain statutory proceedings of the township board of supervisors, which the court adjudged void for 'want of jurisdiction, and, upon a directed verdict, gave plaintiff judgment, from which defendants appeal.
It appears from the recorded proceedings of the supervisors that the petition required by section 1296 of the…
2Cases cited13 opinions
- Orton v. TillerIndiana Supreme Court · 1887
- Dyckman v. . the Mayor, C. of New YorkNew York Court of Appeals · 1851
- Osborn v. SuttonIndiana Supreme Court · 1886
- Doe ex dem. De Peyster v. HowlandNew York Supreme Court · 1828
- Board of Supervisors v. MagoonIllinois Supreme Court · 1884
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