Thomas Kane & Co. v. Hughes County
South Dakota Supreme Court
Appeal from circuit court, Hughes county. Hon. Loring E. Gaffy, Judge. Action by Thomas Kane & Co. against Hughes county, upon a county warrant. From a judgment for plaintiff, defendant appeals. When a warrant is drawn on a special fund, the cause of action accrues when there is money in such fund not otherwise appropriated.
Read the full summary
Appeal from circuit court, Hughes county. Hon. Loring E. Gaffy, Judge. Action by Thomas Kane & Co. against Hughes county, upon a county warrant. From a judgment for plaintiff, defendant appeals. When a warrant is drawn on a special fund, the cause of action accrues when there is money in such fund not otherwise appropriated. Wetmore v. Monona, 73 Iowa, 88; Grayson v. Latham, 48 Ala. 546; County v. Lunning, 133 U. S. 529. A county cannot be sued, except where it is so provided by law. Monroe v. Flint, 6 S. E 173. Our statute only allows a county to be sued where the claim has been rejected or…
1Opinion of the CourtCorson, J.
This is an action upon a county warrant purporting to be drawn upon the county “advertising fund.” The court directed a verdict in favor of the plaintiff, and the defendant appeals. The defendant seeks a reversal of this judgment upon three grounds; (1) Because the court erred in overruling, the demurrer of defendant to the amended complaint; (2) because the court erred in sustaining the demurrer of plaintiff to the defendant’s answer; (3) because the court erred in admitting evidence under the plaintiff’s amended complaint. The complaint was in the usual form, giving a copy of the warrant…
2Cases cited3 opinions
- Heffleman v. Pennington CountySouth Dakota Supreme Court · 1892
- Edinburg American Land & Mortgage Co. v. City of MitchellSouth Dakota Supreme Court · 1891
- Sands v. CruickshankSouth Dakota Supreme Court · 1899
3Cited by4 opinions
- Stewart v. Custer CountySouth Dakota Supreme Court · 1900
- Western Surety Co. v. Mellette CountySouth Dakota Supreme Court · 1934
- Rochford v. School Dist. No. 11South Dakota Supreme Court · 1903
- Golding v. Hughes CountySouth Dakota Supreme Court · 1900