Clarke v. County of Beadle
South Dakota Supreme Court
Appeal from 'Circuit Couirt, Beadle County. Hon. Arva F. Tayror, Judge. Action toy Richard W. Clarke, and Frank Jaebn, on behalf of ■themselves and other taxpayers,'.against the County of Beadle, and T. C. Young and others as County Oammissioners' of the County of Beadle, anld The Iowa Bridge 'Company, a 'corporation, to enjoin the construction of' certain bridges. From a judgment for defendants., and from an order denying a new trial, ¡plaintiffs, appeal.
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Appeal from 'Circuit Couirt, Beadle County. Hon. Arva F. Tayror, Judge. Action toy Richard W. Clarke, and Frank Jaebn, on behalf of ■themselves and other taxpayers,'.against the County of Beadle, and T. C. Young and others as County Oammissioners' of the County of Beadle, anld The Iowa Bridge 'Company, a 'corporation, to enjoin the construction of' certain bridges. From a judgment for defendants., and from an order denying a new trial, ¡plaintiffs, appeal. On motion to 'diilsmis'si appeal. (2) To point two of the opinion, Respondents cite'd: In re Wilkins, 22 'S. D. 135; C. M. & St. P. Ry. v.…
1Opinion of the CourtWhiting, P. J.
The county commissioners of Beadle county 'having entered! .into a contract with the Iowa Bridge 'Company for the building of certain bridges, plaintiffs, alleging the invalidity of such contract, .brought this action, on behalf of themselves and other taxpayers of su'ch county, to restrain the County and' it® officers from carrying out stock contract 'and making payments- 'thereunder, and asked for such other and further relief as to the court might seem- just and -equitable. A temporary- restraining order was denied. Afterwards the bridge company 'was made a party -defendant. The cause .was…
2Cases cited14 opinions
- Mills v. GreenSupreme Court of the United States · 1895
- Green v. Okanogan CountyWashington Supreme Court · 1910
- Tucker v. HowardMassachusetts Supreme Judicial Court · 1880
- Barber Asphalt Paving Co. v. HamiltonWashington Supreme Court · 1914
- McMillan v. Barber Asphalt Paving Co.Wisconsin Supreme Court · 1912
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3Cited by20 opinions
- Rapid City Journal Co. v. Circuit Court of Seventh Judicial Circuit Within & for Pennington CountySouth Dakota Supreme Court · 1979
- Save Centennial Valley Ass'n, Inc. v. SchultzSouth Dakota Supreme Court · 1979
- Moore v. SmithSupreme Court of Kansas · 1945
- Anderson v. KennedySouth Dakota Supreme Court · 1978
- Hartke v. AbbottCalifornia Court of Appeal · 1930
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