Legal Opinion

Dewell v. Board of Com'rs

South Dakota Supreme Court

Decided April 18, 1896PublishedCited by 4 opinions

Appeal from circuit court, Hughes county. Hon. Loring E. Gaffy, Judge. Action to compel defendant to accept plaintiffs’ bid for printing the notice of sale of real property for taxes for the year 1894, and to award them the contract therefor. Defendant had judgment, and plaintiff’s appeal. The facts are stated in the opinion.

1Opinion of the CourtHaney, J.

The only question presented by this appeal is whether it was the duty of the board of county commissioners to award the contract for printing the notice of sale of real property for taxes of 1894 to. the lowest responsible bidder. Plaintiffs were such bidders, and brought this action to compel the board to accept their bid and award them the contract. The learned circuit judge decided that the publication of the *453notice was under the control of the county treasurer, and refused to issue a mandate requiring the board to act. Plaintiff’s appeal.

Prior to 1889 the board had authority to provide…

2Cited by4 opinions

  1. Northern Pacific Railway Co. v. Sanders CountyMontana Supreme Court · 1923
  2. Bloomquist v. County of IsantiSupreme Court of Minnesota · 1922
  3. Braaten v. OlsonNorth Dakota Supreme Court · 1914
  4. Knights of Columbus v. City of New HavenConnecticut Superior Court · 1979

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