Smith v. Pence
South Dakota Supreme Court
Appeal from Circuit Court, Sanborn County. Hon. Frank B. Smith, Judge. Action, 'by C. W. Smith and others against Pence & Pier and others, to enjoin the completion of a drainage ditch and the spreading of assessments therefor. From a judgment for defendants, and from and order denying a new trial, plaintiffs appeal. The statute requires sureties. Section 2, Chapter 134 of the Laws of 1907. This -bond is a jurisdictional requirement.
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Appeal from Circuit Court, Sanborn County. Hon. Frank B. Smith, Judge. Action, 'by C. W. Smith and others against Pence & Pier and others, to enjoin the completion of a drainage ditch and the spreading of assessments therefor. From a judgment for defendants, and from and order denying a new trial, plaintiffs appeal. The statute requires sureties. Section 2, Chapter 134 of the Laws of 1907. This -bond is a jurisdictional requirement. Case)', et al., v. Burt Co., 81 N. W. (Neb.) 851. The kind of a ditch to be established is entirely a matter for the commissioners. This bond takes it away and…
1Opinion of the CourtGate'S, J.
This is a joint action by twenty-eight individuals and two civil townships seeking an injunction against the completion of a then nearly completed drainage ditch and against the spreading of an assessment, theretofore made, upon the books *521of the county treasurer, to raise funds to pay for the same. The contractors and their surety, the members of the board of county commissioners, the county auditor and the county treasurer were made parties defendant.
[i] Upon appeal, for the first time, the right of the plaintiffs to maintain the action jointly was challenged This objection came too late and…
2Cases cited30 opinions
- Davis v. DavisCalifornia Supreme Court · 1864
- State ex rel. Utick v. Board of County CommissionersSupreme Court of Minnesota · 1902
- Cribbs v. BenedictSupreme Court of Arkansas · 1897
- Erickson v. Cass CountyNorth Dakota Supreme Court · 1903
- Kinnie v. BareMichigan Supreme Court · 1888
25 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Chester v. EinarsonNorth Dakota Supreme Court · 1948
- Barnes v. Cass CountyNorth Dakota Supreme Court · 1929
- Denton v. ButlerSouth Dakota Supreme Court · 1916
- Renville State Bank v. KinsbergSouth Dakota Supreme Court · 1918
- State v. CarmelSouth Dakota Supreme Court · 1915
12 more not listed; retrieve them via the Exa API.