Brannon v. White Lake Tp.
South Dakota Supreme Court
Appeal from circuit court, Aurora county. Hon. Frank B. Smith, Judge. Action by P. H. Brannon against White Lake township. Judgment for defendant, and plaintiff appeals. A township warrant is prima facia evidence of the indebtedness of the township and an action may be maintained thereon by the payee or his assignee.
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Appeal from circuit court, Aurora county. Hon. Frank B. Smith, Judge. Action by P. H. Brannon against White Lake township. Judgment for defendant, and plaintiff appeals. A township warrant is prima facia evidence of the indebtedness of the township and an action may be maintained thereon by the payee or his assignee. Mortgage Co. v. Mitchell, 1 S. D., 593; Hefflemau v. Pennington Co., 3 S. D. 162. A township is not liable on an order drawn on its treasurer until alter demand and refusal to pay. Pel ton v. Crawford Co. 10, Wis. 63;- Packard v. Town of Bovina, 24, Wis, 382; Caldwell Co. v.…
1Opinion of the CourtHaney, P. J.
The plaintiff alleges that he is the owner and holder of the following order or warrant, which was presented for payment and payment refused on. October 10, 1894, no part of which has been paid: “$1,500.00. South Dakota, County of Aurora. May 5th, 1893. To the Treasurer of White Lake Township, S. D.: Pay to the order of Alfred Short, per H. M. Miles, the sum of fifteen hundred dollars, for No. 2 artesian well, drilling 500 feet, at $3.00 per foot, out of any money in your hands belonging to the artesian well fund not otherwise appropriated, belonging to said township. [Signed] A. H. Hall,-…
2Cases cited3 opinions
- Citizens' Bank v. CorkingsSouth Dakota Supreme Court · 1897
- Hudson v. ArcherSouth Dakota Supreme Court · 1893
- Valley City Land & Irrigation Co. v. SchoneSouth Dakota Supreme Court · 1891
3Cited by3 opinions
- County of Burleigh v. County of KidderNorth Dakota Supreme Court · 1910
- Western Surety Co. v. Mellette CountySouth Dakota Supreme Court · 1934
- County of Grant v. JonesSouth Dakota Supreme Court · 1920