Livingston v. School Dist. No. 7 of Brookings Co.
South Dakota Supreme Court
Appeal from circuit court, Brookings county. Hon. J. O. Andrews, Judge. Action upon a school bond. Demurrer to the complaint was overruled, and defendant school district appeals. The facts are stated in the opinion.
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Appeal from circuit court, Brookings county. Hon. J. O. Andrews, Judge. Action upon a school bond. Demurrer to the complaint was overruled, and defendant school district appeals. The facts are stated in the opinion. The bond sued on is void for the reason that it is in greater denomination than $500. Bank v. School Dist., (N. D.) 57 N. W. 787; Norton v. Town of V., 127 U. S. 160; Barnum v. Town of O., 148 U. S. 383; Brownell v. Town of Greenwich, 22 N. E. 24; Hoag v. Town of Greenwich, 30 N. E. 842; Potter v. Town of Greenwich, 92 N. Y. 663; Antony v. Jasper Co., 101 U. S. 693; 15 Am. & Eng.…
1Opinion of the Court
Haney, J.'
Defendant appeals from an order overruling its demurrer to the complaint. In the view we shall adopt, but one of numerous objections to the complaint will need to be considered. The action is upon a bond issued by the defendant school district, pursuant to a special act of the territorial legislature, passed and approved February 21,1879. The complaint contains copies of the bond and special act. The bond bears date May 28, 1879. It is for $1,400, payable to Ledyard & Farwell, or order on May 28, 1889, with interest at 10 per centum, payable annually, and recites that it is issued…
2Cases cited6 opinions
- McClure v. Township of OxfordSupreme Court of the United States · 1877
- National Tube-Works Co. v. City of ChamberlainSupreme Court Of The Territory Of Dakota · 1888
- Dartmouth Savings Bank v. School Districts 6Supreme Court Of The Territory Of Dakota · 1889
- Smalley v. City of AppletonWisconsin Supreme Court · 1889
- Brown v. Bon Homme CountySouth Dakota Supreme Court · 1890
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3Cited by2 opinions
- Dring v. St. Lawrence TownshipSouth Dakota Supreme Court · 1909
- Livingston v. School District No. 7South Dakota Supreme Court · 1898