Livingston v. School District No. 7
South Dakota Supreme Court
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
- Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
- State Board of Agriculture v. Citizens Street Railway Co.Indiana Supreme Court · 1874
- Thompson v. LambertSupreme Court of Iowa · 1876
- Paul v. City of KenoshaWisconsin Supreme Court · 1867
- State ex rel. Northwestern National Bank v. DickermanMontana Supreme Court · 1895
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3Cited by2 opinions
- Seim v. Independent District of MonroeSouth Dakota Supreme Court · 1945
- Dring v. St. Lawrence TownshipSouth Dakota Supreme Court · 1909