Graves v. Jasper School Township
South Dakota Supreme Court
Appeal from circuit court, Hanson county. Hon D. Haney, Judge. Action to enjoin and restrain defendant from moving a school building. Plaintiff had judgment. Defendant appealed. The facts are fully stated in the opinion. Plaintiff cannot maintain this action for the reason that the facts show that he has no interest in the action, which is not in common with all resident free holders, tax payers and patrons of this sub-district.
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Appeal from circuit court, Hanson county. Hon D. Haney, Judge. Action to enjoin and restrain defendant from moving a school building. Plaintiff had judgment. Defendant appealed. The facts are fully stated in the opinion. Plaintiff cannot maintain this action for the reason that the facts show that he has no interest in the action, which is not in common with all resident free holders, tax payers and patrons of this sub-district. Doolittle v. Supervisors, 18 N. Y. 155; Wood v. Bangs, i Dak. 172; Sage v. Town of Fifield, 32 N. W. 629. The school township board being a body of limited and…
1Opinion of the CourtBennett, J.
This is an action by injunction for the purpose of enjoining and restraining the defendant from moving a certain frame school house. Upon the hearing, the court found certain findings of fact and conclusions of law, and granted the injunction as prayed for. To the granting of this injunction the appeal is taken. The facts as found by the court below are admitted to be true. Exceptions were taken to all the conclusions of law. Numerous assignments of error are presented for our consideration. The conclusions of law as found by the court, and the assignments of error by the appellant, raise but…
2Cases cited1 opinion
- Crampton v. ZabriskieSupreme Court of the United States · 1880
3Cited by3 opinions
- Ewert v. MallerySouth Dakota Supreme Court · 1902
- Losee v. HettichSouth Dakota Supreme Court · 1952
- Losee v. HettichSouth Dakota Supreme Court · 1952