Colfix v. Caldwell
South Dakota Supreme Court
Appeal from Circuit Court, Hanson County. Hon. Ekank B. Smith, Judge. Proceeding's by E. L-.Colfix and others, for a writ of mandamus, against W. A. Caldwell, as counity auditor of Han-son County, to compel -defendant to include certain land and personalty assessed thereon, a-s property -assessable against Eulton Independent School District. From a judgment awarding a peremptory writ, defendant appeals.
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Appeal from Circuit Court, Hanson County. Hon. Ekank B. Smith, Judge. Proceeding's by E. L-.Colfix and others, for a writ of mandamus, against W. A. Caldwell, as counity auditor of Han-son County, to compel -defendant to include certain land and personalty assessed thereon, a-s property -assessable against Eulton Independent School District. From a judgment awarding a peremptory writ, defendant appeals. Appellant cited1: Laws 1907, Ohap. 135, Art. 3, Sec. 73. Respondents cited: Laws 1907, Chap. 135, Art. 3, Sec. 66; ■id. Art. 11; County of Brown v. City of Aberdeen, 4 Dak. 402, 31 N. W. 735.
1Opinion of the Court
GATES, J-
On April 8, 1915, tlhe county superintendent of schools of Hanson county, S. D., made an order detaching the S. E. yi of 'Sec. 21, Tp'. 103 N.,- R. 58 West 5th P. M., from Fulton independent school district, and attaching’ it to Jasper school district. The order was made without notice, and was 'based upon a petition by the landowner showing that her residence was more than 3JJ miles from the schoolhouse in the former district, and not more than 2,% miles from the schoolhouse in the latter district. The former district was an independent school district existing under the provisions…
2Cited by2 opinions
- Isaacson v. ParkerSouth Dakota Supreme Court · 1920
- Desmond v. CaldwellSouth Dakota Supreme Court · 1916