Johnson v. Incorporated Town of Castlewood
South Dakota Supreme Court
Appeal from -Circuit -Court, Hamlin -County. Hon. Carr G. Sherwood, Judge. Action by Gunder Johnson, Albert Johnson, Albert Amerson, and the Chicago & Northwestern Railway Company, against the Incorporated 1'own of Castlewood, ’S. D., to- have certain of plaintiffs’ realty excluded fromi defendants town limits. From, a judgment dismissing the petition, and from an order denying a new trial, -plaintiffs appeal.
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Appeal from -Circuit -Court, Hamlin -County. Hon. Carr G. Sherwood, Judge. Action by Gunder Johnson, Albert Johnson, Albert Amerson, and the Chicago & Northwestern Railway Company, against the Incorporated 1'own of Castlewood, ’S. D., to- have certain of plaintiffs’ realty excluded fromi defendants town limits. From, a judgment dismissing the petition, and from an order denying a new trial, -plaintiffs appeal. Appellants cited: Evans v. City, 65 Iowa, 239 ; 21 N. W., 584; Pellitier v. City of Ashton, 12 S. D., 366; 81 N. W. 735; Hunter v. City of Tracy (Minn.), 116 N. W., 922. Respondent…
1Opinion of the CourtPolley, J.
This is an appeal from a judgment dismissing a petition filed toy appellants, requesting that a‘certain half section of land, owned toy appellants, be excluded from the incorporated town of' Castlewood. The petition was -originally filed with the board of trustees of said town -of Castlewood, under the provisions of sections 1508-1512, Pol. Code, and was-, by -that board, rejected. The petition was then filed in the -circuit court o-f Hamlin county, where trial was had. The petition con-ced-ediy states facts sufficient to- entitle the petitioners to the relief prayed for, and the evidence…
2Cited by11 opinions
- Zajicek v. City of WessingtonSouth Dakota Supreme Court · 1928
- Klosterman v. City of ElktonSouth Dakota Supreme Court · 1928
- General Discount Corp. v. SchramDistrict Court, E.D. Michigan · 1942
- Thiel v. City of AlexandriaSouth Dakota Supreme Court · 1919
- Lacome v. Town of DoltonSouth Dakota Supreme Court · 1925
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