Legal Opinion

Nelson v. Lembcke

South Dakota Supreme Court

Decided July 27, 1920No. File No. 4742PublishedCited by 7 opinions

Original action in quo warranto, by C. O. Nelson and others, aginst A. C. Lembcke and others, as officers of Garretson Independent Consolidated School District, to have declared void the purported creation of said district.

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Original action in quo warranto, by C. O. Nelson and others, aginst A. C. Lembcke and others, as officers of Garretson Independent Consolidated School District, to have declared void the purported creation of said district. (i) To point one of the opinion, Plaintiffs cited: Laws 1919, Ch. 170. (3) Under point three, Plaintiffs cited: 8 Cyc. 799; 28 Cyc. 138; McQuillan on Municipal Corporations, Vol. 1, p. 674, et sequa; 28 'Cyc. 198, 210. ■Defendants submitted that: It is the duty of 'County Superintendent and State Superintendent to see that the districts are properly grouped. If any one…

1Opinion of the CourtGates, J.

This is an original action in quo warranto, the object of which is to have declared void the purported creation of Garretson independent consolidated school district. The cause was submitted upon the pleadings. The purported district consists of territory formerly constituting one independent school district, four common or rural school districts, and the greater portion of two other common or rural school districts; the independent district of the city of Garretson, in Minnehaha county, being the approximate center of the new district. This case differs from Isaacson v. Parker, 176 N. W.…

2Cases cited4 opinions

  1. Town of Dell Rapids v. IrvingSouth Dakota Supreme Court · 1895
  2. Isaacson v. ParkerSouth Dakota Supreme Court · 1920
  3. Erdner v. Chicago & Northwestern Railway Co.Supreme Court of Minnesota · 1911
  4. Isaacson v. ParkerSouth Dakota Supreme Court · 1920

3Cited by7 opinions

  1. Egan Consolidated School District Number 1 v. Minnehaha CountySouth Dakota Supreme Court · 1936
  2. Meierhenry v. City of HuronSouth Dakota Supreme Court · 1984
  3. In Re Common School Dists. Lyon and Yellow Medicine CountiesSupreme Court of Minnesota · 1950
  4. Williams v. BookSouth Dakota Supreme Court · 1953
  5. Gunderson v. ElgaaenSouth Dakota Supreme Court · 1920

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