Legal Opinion

Livingston v. School District No. 7

South Dakota Supreme Court

Decided August 31, 1898PublishedCited by 2 opinions

Appeal from circuit court, Brookings county. Hon. Julian Bennett, Judge. Action by C. Livingston against school district No. 7 of Brookings county, to recover the value of a school house. From an order overruling a general demurrer to the complaint, defendant appeals. The facts are stated in the opinion.

1Opinion of the CourtFuller, J.

Ruled by the decision of this court (Livingston v. School District, 9 S. D. 345, 69 N. W. 15) declaring a certain bond made the basis of that action unauthorized and void, plaintiff now seeks to recover, as on a quantum meruit the value of a school house in settlement for which said bond was issued, and which the defendant has ever since retained. If, upon the theory adopted by the pleader, the action is main-*151tamable, the complaint is sufficient, and the order appealed from, overruling a general demurrer, will be sustained. The facts fully stated in the amended complaint and our former…

2Cases cited9 opinions

  1. Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
  2. State Board of Agriculture v. Citizens Street Railway Co.Indiana Supreme Court · 1874
  3. Thompson v. LambertSupreme Court of Iowa · 1876
  4. Paul v. City of KenoshaWisconsin Supreme Court · 1867
  5. State ex rel. Northwestern National Bank v. DickermanMontana Supreme Court · 1895

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3Cited by2 opinions

  1. Seim v. Independent District of MonroeSouth Dakota Supreme Court · 1945
  2. Dring v. St. Lawrence TownshipSouth Dakota Supreme Court · 1909

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