Blackman v. City of Hot Springs
South Dakota Supreme Court
Appeal from circuit court, Fall River count)'-. Hon. Revi McGee, Judge. Action by Frank Blackman against the city of Hot Springs to recover upon certain city warrants. Judgment for plaintiff. Defendant appeals.
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Appeal from circuit court, Fall River count)'-. Hon. Revi McGee, Judge. Action by Frank Blackman against the city of Hot Springs to recover upon certain city warrants. Judgment for plaintiff. Defendant appeals. City warrants are not negotiable instruments in the hands of holders so as.to exclude inquiry into the legality of their issue, or to preclude defenses thereto, i Dillon’s Municipal Corporations, Sec. 484, 503; Goose River Bank v. Willow Lake School Township, 44 N. W. 1002; Bank v. School District, 48 N. W. 363. Money derived by a city from fines and licenses is not taxes levied for…
1Opinion of the CourtCorson, J.
This is an action by the plaintiff to recover of the defendant the sum of $11,000 and interest on city warrants issued by the defendant city. The case was tried by the court. Findings and judgment being in favor of the plaintiff, the defendant appeals.
The motion for a new trial was made subsequently to the entry of judgment and order made denying the same, but, as the appeal is from the judgment alone, and -not from the order denying a new trial no question of the sufficiency of the evidence to justify the findings can be considered by this court. Gade v. Collins, 8 S. D. 322, 66 N. W. 466;…
2Cases cited4 opinions
- Gade v. CollinsSouth Dakota Supreme Court · 1896
- Parrish v. MahanySouth Dakota Supreme Court · 1897
- Bourne v. JohnsonSouth Dakota Supreme Court · 1897
- Stewart v. Custer CountySouth Dakota Supreme Court · 1900
3Cited by7 opinions
- Keyes v. BaskervilleSouth Dakota Supreme Court · 1919
- Whitney v. AkinNorth Dakota Supreme Court · 1910
- Western Surety Co. v. Mellette CountySouth Dakota Supreme Court · 1934
- Custer County Bank v. Custer CountySouth Dakota Supreme Court · 1904
- Foss v. Van WagenenSouth Dakota Supreme Court · 1905
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