Shannon v. City of Huron
South Dakota Supreme Court
Appeal from circuit court, Beadle county. Hon. A. W. Campbell, Judge. Action to recover upon certain city warrants. From an order sustaining in part and overruling in part a demurrer to the answer, both parties appeal. The facts are stated in the opinion.
Read the full summary
Appeal from circuit court, Beadle county. Hon. A. W. Campbell, Judge. Action to recover upon certain city warrants. From an order sustaining in part and overruling in part a demurrer to the answer, both parties appeal. The facts are stated in the opinion. Current taxes may be appropriated in anticipation of their receipt, to the payment of proper and ordinary and current expenses of a municipal corporation, as effectually as if they were, at the time of such apportionment, in the city treasury, and such appropriation is not the creation of a debt. 2 Dillon Mun. Corp.. 4th Ed., 1038; U. S. v.…
1Opinion of the CourtFuller, J.
This appeal is by both parties from an order sustaining in part and overruling in part a demurrer to the answer of the defendant to plaintiffs’ complaint, on the ground that the same “does not state facts sufficient to constitute a defense to plaintiffs’ cause of action,” which is based upon five city warrants, each of which is pleaded as a separate cause of action, and three of which are for $100 each, of even date, and as follows: “Huron, South Dakota, Dec. 2, 1890. No. 4,136. The treasurer of the city of Huron will pay to the order of Shannon & Longstaff one hundred dollars ($100.00), out…
2Cases cited3 opinions
- City of Chicago v. SextonIllinois Supreme Court · 1885
- Western Town-Lot Co. v. LaneSouth Dakota Supreme Court · 1895
- State ex rel. City of Huron v. CambpellSouth Dakota Supreme Court · 1895
3Cited by15 opinions
- City of Huron v. Second Ward Sav. BankCourt of Appeals for the Eighth Circuit · 1898
- Burt v. BlumenauerOregon Supreme Court · 1985
- Bryan v. MenefeeSupreme Court of Oklahoma · 1908
- In re State to Issue Bonds to Fund IndebtednessSupreme Court of Oklahoma · 1912
- Board of Com'rs v. Keene Five-Cents Sav. BankCourt of Appeals for the Eighth Circuit · 1901
10 more not listed; retrieve them via the Exa API.