Randall v. Burk Twp.
South Dakota Supreme Court
Appeal from circuit • court, Minnehaha county. Hon. Joseph W. Jones, Judge. Action by Polina Randall and others against Burk township,- Minnehaha county, and others, to enjoin the opening of roads and assessment of property with reference to an alleged incorrect survey. From a judgment for defendants, plaintiffs appeal. The facts are stated in the opinion.
1Opinion of the CourtHaney, J.
Upon the trial of this action the defendants objected to the introduction of any evidence, for the reason that the complaint does not state facts sufficient to constitute a cause of action; pointing out specifically the respects wherein the complaint is defective. Thereupon plaintiffs offered in evidence the following stipulation made in open court upon a preceding trial of the same cause: “It is stipulated and agreed in open court by and between the parties to this action that the only issue to be tried and1 determined by the court is whether the survey made by E. H. Van Antwerp, deputy…
2Cited by1 opinion
- Meldrum v. KenefickSouth Dakota Supreme Court · 1902