State v. Sayer
South Dakota Supreme Court
Appeal from Circuit Court, Hamlin 'County. Hon. Wiujam N. Skinner, Judge. Proceeding by the 'State of South Dakota for condemnation and appropriation of a strip of land for use by the State Game and Fish Commission. From an order overruling a demurrer to the complaint, defendants appeal.
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Appeal from Circuit Court, Hamlin 'County. Hon. Wiujam N. Skinner, Judge. Proceeding by the 'State of South Dakota for condemnation and appropriation of a strip of land for use by the State Game and Fish Commission. From an order overruling a demurrer to the complaint, defendants appeal. (3) To point three of the opinion, Appellant cited: 15 Cyc. 567; secs. 10439, 10440, Rev. Code 1919; Searle v. City of Lead, 10 S. D. 312, 73 N. W. 101, 39 L. R. A. 343. Respondent cited: Laws 1917, ch. 230, sec. 2; Sec. 10440, 10437, Rev. Code 1919; Laws 1913, ch. 213. (4) To point four, ‘Appellants cited:…
1Opinion of the CourtSmith, J.
Proceeding for condemnation and appropriation of a strip of land 100 feet wide adjoining a public highway “to the extent that the same is deemed necessary for the proper discharge of the duties and functions devolving upon the state game and fish commission.”
The proceeding is pursuant to the provisions of Ghapter 230, Session Laws of 1917, which was in force when said proceedings were begun, and is conceded to be controlling upon this appeal. Section 1 of the act provides:
“That the state game and fish commission * * * shall have, and said commission is hereby granted, power and authority to…
2Cases cited7 opinions
- Searle v. City of LeadSouth Dakota Supreme Court · 1897
- State ex rel. Longstaff v. AndersonSouth Dakota Supreme Court · 1914
- In re RugheimerDistrict Court, E.D. South Carolina · 1888
- Redwater Land & Canal Co. v. ReedSouth Dakota Supreme Court · 1910
- St. Louis & S. F. R. Co. v. FoltzU.S. Circuit Court for the District of Western Arkansas · 1892
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