Henderson v. Hughes County
South Dakota Supreme Court
Appeal from circuit court, Hughes county. Hon. Loring E. Gaffy, Judge. Suit by Sarah C. Henderson against Hughes county, the city of Pierre, andP. L. Fuller, as treasurer of .Hughes county. Fron a judgment in favor of defendants and the order denying a motion for a new trial, plaintiff appeals. The facts are stated in the opinion. Where a record is not found in the office, and it is not shown that one was ever in existence, there is no presumption that one was made.
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Appeal from circuit court, Hughes county. Hon. Loring E. Gaffy, Judge. Suit by Sarah C. Henderson against Hughes county, the city of Pierre, andP. L. Fuller, as treasurer of .Hughes county. Fron a judgment in favor of defendants and the order denying a motion for a new trial, plaintiff appeals. The facts are stated in the opinion. Where a record is not found in the office, and it is not shown that one was ever in existence, there is no presumption that one was made. Hall v. Kelly, 16 Mich. 135; Cass v. Bellows, 31 N. H. 501; Davis v. Robinson, 9 N. H. 524; McElhenney v. City, 49 N. W. 705;…
1Opinion of the CourtHaney, J.
The plaintiff, who owned a two-thirds interest in certain real property in the city of Pierre, brought this action for the purpose of having certain taxes thereon declared void, and the cloud caused thereby removed. The trial court decided that none of the allegations of the complaint were established except such as were admitted by the answer, and « concluded that, the action should be [.dismissed upon its merits. An application for a new trial having been denied, the plaintiff appealed.
The decision below is clearly sufficient to support the judgment. Only one error at law occurring at the…
2Cases cited8 opinions
- Randall v. Burk TownshipSouth Dakota Supreme Court · 1893
- Henry v. Town of ChesterSupreme Court of Vermont · 1843
- Reagan v. McKibbenSouth Dakota Supreme Court · 1898
- Dean v. GleasonWisconsin Supreme Court · 1862
- Burlington & Missouri River R. R. v. Board of County CommissionersNebraska Supreme Court · 1880
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3Cited by4 opinions
- Clark v. Lawrence CountySouth Dakota Supreme Court · 1907
- In Re Petition of Auditor GeneralMichigan Supreme Court · 1936
- Larkin v. City of Sioux FallsSouth Dakota Supreme Court · 1924
- Taylor v. ChaseMichigan Supreme Court · 1936