Wilson v. Board of Education
South Dakota Supreme Court
Appeal from circuit court, Beadle county. Hon. A. W. Campbell, Judge. Action by Etherial Wilson against the board of education of the city of Huron, to recover upon certain funding bonds. Judgment for defendant, and plaintiff appeals. The Board of Education of the City of Huron is a corporation distinct and separate from the city of Huron. It is not a mere department of the city.
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Appeal from circuit court, Beadle county. Hon. A. W. Campbell, Judge. Action by Etherial Wilson against the board of education of the city of Huron, to recover upon certain funding bonds. Judgment for defendant, and plaintiff appeals. The Board of Education of the City of Huron is a corporation distinct and separate from the city of Huron. It is not a mere department of the city. Being a corporate entity separate and distinct from the city proper, it can incur a bonded indebtedness without reference to the indebtedness of the city. The indebtedness of the cily of Huron and the indebtedness of…
1Opinion of the CourtCorson, J.
This is an action by the plaintiff to recover from the defendant the amount due upon a number of coupons detached from certain bonds of a series of 120 bonds, for 1500 each, issued by the defendant, bearing date October 4, 1890, payable 15 years after date, and which are in the usual form. To each of these bonds were attached 30 coupons, for the payment of the interest semiannually, which are in the usual form. Each bond contained the following recital: “And it is hereby certified and recited that all acts, conditions, and things required to be done precedent to and in the issue of said bonds…
2Cases cited5 opinions
- Citizens Bank v. City of TerrellTexas Supreme Court · 1890
- East St. Louis v. AmySupreme Court of the United States · 1887
- National Life Ins. Co. of Montpelier v. Board of EducationCourt of Appeals for the Eighth Circuit · 1894
- Board of Education v. National Life Ins. Co. of MontpelierCourt of Appeals for the Eighth Circuit · 1899
- City of East St. Louis v. People ex rel. GundlachIllinois Supreme Court · 1888
3Cited by8 opinions
- Morgan v. Board of Sup'rsArizona Supreme Court · 1948
- National Life Insurance v. MeadSouth Dakota Supreme Court · 1900
- Hyde v. EwertSouth Dakota Supreme Court · 1902
- New York Life Ins. Co. v. NorrisSupreme Court of Alabama · 1921
- Watertown Independent School District No. 1 v. Codington County Board of EducationSouth Dakota Supreme Court · 1968
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