Short v. Civil Township of White Lake
South Dakota Supreme Court
Appeal from circuit court, Brule county. Hon. D. Haney, Judge. • Action on contract. . From a judgment for defendant plaintiff appeals. The facts are stated in the opinion. Wherever the law specifically defines the power of public officers such specification is restrictive and exclusive.
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Appeal from circuit court, Brule county. Hon. D. Haney, Judge. • Action on contract. . From a judgment for defendant plaintiff appeals. The facts are stated in the opinion. Wherever the law specifically defines the power of public officers such specification is restrictive and exclusive. Farmers v. School, 6 Dak. 259; Jewell v. State, 56 N. W. 113, 4 S. D. 213. A cause of action, based upon a contractual amount that is fixed both as to the amount per day and the number of days worked is assignable. Comp. Laws, Secs. 2876, 2877 and 4870; Sykes v. First National Bank, 2 S. D. 242. An account,…
1Opinion of the CourtKellam, J.
The complaint in this action undertakes to state two separate causes of action on contract, for the payment of money. The trial court sustained a general demurrer to the complaint, and from its order this appeal is taken. We do not critically examine these separate causes of action, as the ruling of the court seems to have been based upon the failure of the complaint to state that the claims, or either of them, had been, before action, presented to the township board for allowance or rejection, though, as to the second claim, it is alleged that payment thereof “had been often demanded.” The…
2Cases cited1 opinion
- Barrett v. Stutsman CountyNorth Dakota Supreme Court · 1894
3Cited by3 opinions
- Lyman County v. StateSouth Dakota Supreme Court · 1896
- Old Second National Bank v. Town of MiddletownSupreme Court of Minnesota · 1896
- Taubman v. Board of CommissionersSouth Dakota Supreme Court · 1900