Livingston v. School Dist. No. 7 of Brookings Co.
South Dakota Supreme Court
Appeal from circuit court, Brookings county. Hon. J. O. Andrews, Judge. Action on a school district bond. From an order sustaining a demurrer to the complaint, plaintiff appeals. The facts are stated in the opinion. The variance between the denomination provided for in the special act, and in the bond issued, was immaterial, and could not increase or diminish or in any manner affect liability of defendant.
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Appeal from circuit court, Brookings county. Hon. J. O. Andrews, Judge. Action on a school district bond. From an order sustaining a demurrer to the complaint, plaintiff appeals. The facts are stated in the opinion. The variance between the denomination provided for in the special act, and in the bond issued, was immaterial, and could not increase or diminish or in any manner affect liability of defendant. Town of Solon v. Bank, 21 N. Y. 171; Bank v. City of Omaha, 18 N. W. 63; Yesler v. City of Seattle, 25 Pac. 1015; Atchinson v. DeKay, 13 Sup. Ct. Rep. 706, 148 U. S. 591. Where a municipal…
1Opinion of the CourtCorson, P. J.
This is an action on a school district bond for $1,400, issued by school district No. 7, Brookings county. A demurrer was interposed to the complaint by school district No. 7, which was overruled. A demurrer was also interposed by the other nine defendants jointly, on the ground that the complaint did not state facts sufficient to constitute a cause of action. This demurrer was sustained, and from the order sustaining it the plaintiff appeals.
The complaint is exceedingly lengthy, but a very brief synopsis will suffice to present the questions to be determined on this appeal. It is alleged…
2Cases cited6 opinions
- Mount Pleasant v. BeckwithSupreme Court of the United States · 1880
- Commissioners of Laramie County v. COMMISSIONERS OF ALBANY COUNTYSupreme Court of the United States · 1876
- Hughes v. EwingCalifornia Supreme Court · 1892
- Town of Depere v. Town of BellevueWisconsin Supreme Court · 1872
- Town of North-Hempstead v. Town of HempsteadCourt for the Trial of Impeachments and Correction of Errors · 1828
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3Cited by5 opinions
- People ex rel. Raymond Community High School District No. 158 v. BartlettIllinois Supreme Court · 1922
- Special School District No. 2 v. Special School DistrictSupreme Court of Arkansas · 1914
- Stuart v. KirleySouth Dakota Supreme Court · 1899
- Sitte v. PaulsonNorth Dakota Supreme Court · 1927
- Custer County Bank v. Custer CountySouth Dakota Supreme Court · 1904