Legal Opinion

Anderson v. Ray

South Dakota Supreme Court

Decided March 4, 1916No. File No. 3770PublishedCited by 15 opinions

Appeal from Circuit Court, Brule County: Hon. FRANK B. Smith, Judge. Action by O. E. Anderson and others, against Fred Ray and others, to enjoin the raise of water in a 'meandered lake from flowage from artesian wells. From a judgment for defendants, and from an order denying a new trial, plaintiffs appeal.

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Appeal from Circuit Court, Brule County: Hon. FRANK B. Smith, Judge. Action by O. E. Anderson and others, against Fred Ray and others, to enjoin the raise of water in a 'meandered lake from flowage from artesian wells. From a judgment for defendants, and from an order denying a new trial, plaintiffs appeal. (1) To point one of the opinion, Appellants cited: Harrison v. Fite, 148 Fed. 781, 78 C. C. A. 447, (Ar.lc.); 29 Cyc. 293; Bolsa Land Co- v. Burdick, 90 Pac. 532 (Cal.) ; Micelli v.' An-drus, 120 Bac. 737 (Ore.) ; People v. Economy Light and Power' Co, 89 N. E. 760 (Ill.). ■ Respondents…

1Opinion of the Court

POLLEY, P. J,

Chapter 18,■ Laws of, 19x3, undertakes to empower the board of county commissioners, in counties where there may be meandered lakes;-to .construct artesian wells for the purpose of maintaining' a. sufficient quantity of water in such lakes to make them available for "rowing-, fishing, fowling, bathing, 01-other purposes”; and,, in .the spring, of 1913, the defendants, acting as the county auditor and board -of county .commissioners of Brule county, were about to cause the -construction, oí four artesian wells in that county for the purpose of filling and maintaining a sufficient…

2Cases cited21 opinions

  1. Lamprey v. StateSupreme Court of Minnesota · 1893
  2. State v. KorrerSupreme Court of Minnesota · 1914
  3. Carpenter v. Board of County Com'rsSupreme Court of Minnesota · 1894
  4. People ex rel. Moloney v. KirkIllinois Supreme Court · 1896
  5. Fuller v. SheddIllinois Supreme Court · 1896

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3Cited by15 opinions

  1. State v. Longyear Holding Co.Supreme Court of Minnesota · 1947
  2. Parks v. CooperSouth Dakota Supreme Court · 2004
  3. Hillebrand v. KnappSouth Dakota Supreme Court · 1937
  4. South Dakota Wildlife Federation v. Water Management BoardSouth Dakota Supreme Court · 1986
  5. Troska v. BrechtSupreme Court of Minnesota · 1918

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