Waring v. Town of South Sioux Falls

This is a proceeding brought to exclude three sections of land from the Town of South Sioux Falls. Petitions for such exclusion were presented to and denied by the Town Board of Trustees, after which the petitions were presented to the circuit court. There an order was entered excluding the land described in the petitions from the municipality. Then the town appealed to the circuit court.

In the circuit court the respondents alleged that there was another action pending in the same court for the same cause, and that these proceedings should therefore be abated. A motion for abatement on the…