Legal Opinion

Haggart v. Alton

South Dakota Supreme Court

Decided June 25, 1912PublishedCited by 10 opinions

Appeal from Circuit Court, Brookings County. Hon. C. X. Seward, Judge. Action by Gilbert W. Haggart against Arthur Alton and another, to recover upon a city sewer certificate. From an order -overruling a demurrer to the complaint, defendant appeal's.

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Appeal from Circuit Court, Brookings County. Hon. C. X. Seward, Judge. Action by Gilbert W. Haggart against Arthur Alton and another, to recover upon a city sewer certificate. From an order -overruling a demurrer to the complaint, defendant appeal's. W-hile some of the early "cases attributed the authority to levy special assessments against abutting property for public improvements, to the police power and to the right of eminent domain, it is now, we believe, thoroughly settled that this authority is derived 'from the taxing power of the state. Independence v. Gates, no Missouri, 374, 19 S.…

1Opinion of the CourtSmith, J.

Appeal from the circuit court of Brookings county. Action to recover an amount alleged to be due on a sewer certificate issued by the city of Brookings to the plaintiff, Haggart, as contractor, against property owned by defendants, for tjhe construction of sewerage. The complaint demands judgment for the amount of the certificate, $50 attorney’s fees, and prays that defendant’s property be sold according to law to satisfy the judgment. The complaint sets out in- minute detail each step in the proceedings of the municipal authorities, creating sewerage districts, -the contract under which the…

2Cases cited27 opinions

  1. Barber Asphalt Paving Co. v. EdgertonIndiana Supreme Court · 1890
  2. Bolton v. GilleranCalifornia Supreme Court · 1894
  3. Searle v. City of LeadSouth Dakota Supreme Court · 1897
  4. Ricketson v. City of MilwaukeeWisconsin Supreme Court · 1900
  5. Mason v. City of Sioux FallsSouth Dakota Supreme Court · 1892

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3Cited by10 opinions

  1. State ex rel. West v. ButlerSupreme Court of Florida · 1915
  2. Board of Regents v. CarterSouth Dakota Supreme Court · 1975
  3. Hubbard v. CITY OF PIERRESouth Dakota Supreme Court · 2010
  4. Associated General Contractors of South Dakota, Inc. v. SchreinerSouth Dakota Supreme Court · 1992
  5. In re Shilshole AvenueWashington Supreme Court · 1915

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