Stewart v. Custer County
South Dakota Supreme Court
Appeal from circuit court, Custer county. Hon. L,Evi McGee, Judge. Action by Robert A. Stewart against Custer county. From a judgment in favor of defendant, plaintiff appeals. The facts are stated in the opinion.
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Appeal from circuit court, Custer county. Hon. L,Evi McGee, Judge. Action by Robert A. Stewart against Custer county. From a judgment in favor of defendant, plaintiff appeals. The facts are stated in the opinion. The holder of the general fund county warrant, regularly issued, and for a valid consideration and a legal claim against the county, which.has been presented to the proper paying officer of the county, and payment thereof refused for want of funds, and due registration thereof for payment been made, has the right to maintain an action on such warrant, Heffleman v. Pennington County,…
1Opinion of the CourtFuller, P. J.
The only point presented by this record is whether the purchaser of a registered county warrant, confessedly valid, drawn upon the general fund “not otherwise appropriated,” and indorsed, “Presented for payment, and not paid for want of funds,” is entitled to maintain a suit and obtain judgment thereoñ immediately, although there is no money in the treasury belonging to s.uch fund not otherwise appropriated, and sufficient time has not yet elapsed to permit the gathering thereof into the treasury through the means provided by statute for the levy and collection of revenue. Consistent with-the…
2Cases cited7 opinions
- Merchants Nat. Bank v. McKinneySouth Dakota Supreme Court · 1891
- Wetmore v. Monona CountySupreme Court of Iowa · 1887
- Brewer v. Otoe CountyNebraska Supreme Court · 1871
- State ex rel. City of Huron v. CambpellSouth Dakota Supreme Court · 1895
- Edinburg American Land & Mortgage Co. v. City of MitchellSouth Dakota Supreme Court · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Blackman v. City of Hot SpringsSouth Dakota Supreme Court · 1901
- County of Burleigh v. County of KidderNorth Dakota Supreme Court · 1910
- Western Surety Co. v. Mellette CountySouth Dakota Supreme Court · 1934
- Custer County Bank v. Custer CountySouth Dakota Supreme Court · 1904
- Rochford v. School Dist. No. 11South Dakota Supreme Court · 1903
1 more not listed; retrieve them via the Exa API.