Town of Dell Rapids v. Irving
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Proceedings for the establishment of a highway. From the judgment rendered on appeal from an order of the town supervisors, plaintiff appeals. The facts are stated in the opinion. Civil townships can assume and exercise corporate functions for such purposes only as are provided by the law. Dillon, Mun. Corp. 41; .VanAntwerp v. Dell Rapids, 59 N. W. 209.
1Opinion of the CourtCorson, P. J.
This is an appeal by the plaintiff from a judgment rendered by the circuit court in favor of the defendant upon an appeal from an order of the board of town supervisors of the town-of Dell Rapids, laying out a highway over the land of the defendant. The appeal from the order to the circuit court seems to have been taken upon the ground that said board refused to assess any damages in favor of the defendant, and in her notice of appeal she claims $300 damages.
The appellant contends that the judgment of the circuit court is erroneous, in that it reverses and sets aside, the proceedings of the…
2Cases cited9 opinions
- Mower v. Inhabitants of LeicesterMassachusetts Supreme Judicial Court · 1812
- Beach v. LeahySupreme Court of Kansas · 1873
- Bailey v. Lawrence CountySouth Dakota Supreme Court · 1894
- Eaton v. Supervisors of Manitowoc CountyWisconsin Supreme Court · 1878
- Heller v. StremmelSupreme Court of Missouri · 1873
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- Davenport v. ElrodSouth Dakota Supreme Court · 1906
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