Evans v. Hughes County
South Dakota Supreme Court
Appeal from circuit court, Hughes county. Hon. H. G-. Fuller, Judge. Action to recover money paid to respondent county for an exclusive ferry privilege, because the county could not grant such exclusive privilege. Defendant demurred, on the grounds that the complaint did not state facts sufficient to constitute a cause of action. Sustained. Plaintiff appeals. The facts are fully stated in the opinion. The legislative power of a territory cannot grant special privileges.
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Appeal from circuit court, Hughes county. Hon. H. G-. Fuller, Judge. Action to recover money paid to respondent county for an exclusive ferry privilege, because the county could not grant such exclusive privilege. Defendant demurred, on the grounds that the complaint did not state facts sufficient to constitute a cause of action. Sustained. Plaintiff appeals. The facts are fully stated in the opinion. The legislative power of a territory cannot grant special privileges. Rev. Stat. TJ. S. § 1889; City v. Vaughn, 1 Dak. 118; Cooley, Const. Lim. 2400. A ferry franchise is a special privilege. 1…
1Opinion of the CourtKellam, P. J.
The appellant sued the respondent county to recover back money paid under circumstances narrated in the complaint, and which will be noticed hereinafter. The county demurred on the ground that the complaint did not state facts sufficient to constitute a cause of action. The demurrer was sustained, and the plaintiff appealed. The facts alleged in the complaint, and upon which this controversy is presented, are these: *247In 1881 the board of county commissioners of tbe said Hughes county represented to tbe public, and particularly to tbe appellant, and bis assignor, that said county bad tbe right…
2Cases cited7 opinions
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- Baker v. City of FairburyNebraska Supreme Court · 1892
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