Legal Opinion

Coughran v. City of Huron

South Dakota Supreme Court

Decided July 22, 1903PublishedCited by 6 opinions

Appeal from circuit court, Beadle county; Hon. A. W. Campbell, Judge. Petition by Frank R. Coughran against the city of Huron, a corporation, to have a certain quarter section of land excluded from the city. Judgment for plaintiff. Defendant appeals.

1Opinion of the CourtCorson, J.

This is an appeal from a judgment in favor of the plaintiff, disconnecting and excluding a quarter section of land belonging to him from the defendant city. There being no bill of exceptions, the only questions to be considered are those presented by the judgment roll. A demurrer was interposed to the petition filed by the plaintiff upon the grounds: (1) That the court had no jurisdiction of the subject matter of the action; (2) that the petition did not state facts sufficient to constitute a cause of action; and (3) that the defendant, operating under a special charter, was not affected by…

2Cases cited2 opinions

  1. Pelletier v. City of AshtonSouth Dakota Supreme Court · 1900
  2. Heyler v. City of WatertownSouth Dakota Supreme Court · 1902

3Cited by6 opinions

  1. Zajicek v. City of WessingtonSouth Dakota Supreme Court · 1928
  2. Enderson v. HildenbrandNorth Dakota Supreme Court · 1925
  3. Ascherin v. City of MilwaukeeWisconsin Supreme Court · 1932
  4. Weiland v. City of AshtonSouth Dakota Supreme Court · 1904
  5. Phillips v. Town of Altamonte SpringsSupreme Court of Florida · 1926

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