Lee v. Town of Mellette
South Dakota Supreme Court
Appeal from circuit court, Spink county. Hon. A. W. Campbell, Judge. ; Suit by Sarah L. Lee and another against the town of Mellette and another. From a decree for complainants, defendants appeal. The facts are stated in the opinion.
1Opinion of the CourtHaney, P. J.
The object of this action is to enjoin the collection of a special tax. Defendants being in default their application for leave to answer was denied on the ground that their proposed answer failed to state any defense. Judgment was entered in fayor of the plaintiffs, and the defendants appealed.
*587The defendant corporation was created and governed by the law relating to incorporated towns (Comp. Laws, §§ 1022-1094). Did it have power to assess the cost of laying water mains in its streets against abutting property? “It is a principle universally declared and admitted that municipal corporations…
2Cases cited3 opinions
- Kimball v. Merchants' Savings, Loan & Trust Co.Illinois Supreme Court · 1878
- Town of Lebanon v. Ohio & Mississippi RailwayIllinois Supreme Court · 1875
- Dakota Loan & Trust Co. v. County of CodingtonSouth Dakota Supreme Court · 1896
3Cited by2 opinions
- Bailey v. Mayor of Sioux FallsSouth Dakota Supreme Court · 1911
- O'Connor v. HemeyerSouth Dakota Supreme Court · 1927