Farmers & Merchants' National Bank v. School District No. 53
Supreme Court Of The Territory Of Dakota
4 PPEAL from tlie district court, Barnes county; Hon. W. H. i\ Francis, Judge. The question of title to the land on which the building is situated is not a proper issue. If it were, the burden is on the respondent to show that the. land built on is not the land furnished by the district, which it has not done. Todd v. Greenwood, 40 Mich. 294. If the land did not belong to the district, the contractors were not in fault and cannot be made to bear the loss.
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4 PPEAL from tlie district court, Barnes county; Hon. W. H. i\ Francis, Judge. The question of title to the land on which the building is situated is not a proper issue. If it were, the burden is on the respondent to show that the. land built on is not the land furnished by the district, which it has not done. Todd v. Greenwood, 40 Mich. 294. If the land did not belong to the district, the contractors were not in fault and cannot be made to bear the loss. Laws 1879, chap. 14, § 57; Ferree v. Sixth W. S. Hist., 76 Pa. St. 376. The lack of authority to issue these orders is not raised by the…
1Opinion of the CourtSpencer, J.
This is an appeal from a judgment dismissing the complaint on the merits. The action was brought to enforce the *259payment of certain school warrants alleged to have been issued by the defendant through its school board. A jury having been waived, the cause was tried by the court, and findings of fact made that the inhabitants of the district did not direct the making of or make the contract under which the school-house .was erected, did not consent to it, did not select or authorize the selection of the site upon which it was erected, and had never in any way ratified the acts of the school…
2Cases cited9 opinions
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- Marsh v. Fulton CountySupreme Court of the United States · 1871
- Hodges v. City of BuffaloNew York Supreme Court · 1846
- Anthony v. County of JasperSupreme Court of the United States · 1880
- School District v. StoneSupreme Court of the United States · 1882
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3Cited by10 opinions
- Van Eaton v. Town of SidneySupreme Court of Iowa · 1930
- Goose River Bank v. Willow Lake School TownshipNorth Dakota Supreme Court · 1890
- Northwestern Sheet & Iron Works v. County of SiouxNorth Dakota Supreme Court · 1949
- Capital Bank v. School District No. 53North Dakota Supreme Court · 1890
- Flagg v. School District, No. 70North Dakota Supreme Court · 1894
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