Jerauld County v. Williams
South Dakota Supreme Court
Appeal from circuit court, Jerauld county. 'Hon. D. Haney, J udge. Action on a county treasurer’s bond. From a judgment for plaintiff, entered on the report of a referee, defendants appeal. The facts are stated in the opinion. A county has no power to bring suit, only as such power is conferred by statute, and the statute must be strictly followed. Sections 617 and 1656 Comp.
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Appeal from circuit court, Jerauld county. 'Hon. D. Haney, J udge. Action on a county treasurer’s bond. From a judgment for plaintiff, entered on the report of a referee, defendants appeal. The facts are stated in the opinion. A county has no power to bring suit, only as such power is conferred by statute, and the statute must be strictly followed. Sections 617 and 1656 Comp. Laws; State v. Aberdeen, 9 Neb. 429. Special provisions of a statute in regard to a particular will prevail over the general provisions in the same or other statute, so far as there is a conflict. 15 U. S. Dig. Section…
1Opinion of the CourtCorson, P. J.
This was an action upon the county treasurer’s official bond, to recover the amount claimed to be due from such treasurer, who had absconded. The answer was a general denial. On motion of the plaintiff, upon due notice duly served, the court referred the case to a referee, with directions to report findings of fact to the court. The case was heard by the referee, who found the facts, which were adopted by the court as its findings, and conclusion of law stated by the court, upon which a judgment was rendered in favor of the plaintiff for the sum of $1,226.20. From this judgment the defendants…
Also in this document: Concurrence.
2Cases cited2 opinions
- Kent v. Dakota Fire & Marine InsuranceSouth Dakota Supreme Court · 1891
- Tappan v. PeopleIllinois Supreme Court · 1873
3Cited by2 opinions
- Hughes County v. WardU.S. Circuit Court for the District of South Dakota · 1897
- State v. WelbesSouth Dakota Supreme Court · 1898