Wilson v. City of Mitchell
South Dakota Supreme Court
Appeal from circuit court, Davison county; Hon. Frank B. Smith, Judge. Action by James A. Wilson against tbe city of Mitchell. From a judgment in favor of defendant, plaintiff appeals. Assumpsit will lie against a municipal corporation. Bank of Columbia v. Patterson, 7 Cranch 297; Danforth v. Schoharie T. Co., 12 Johns 227; Dunn v. Rector etc., of St Johns, 14 Johns 118; Randall v. Van Vechten, 10 Am.
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Appeal from circuit court, Davison county; Hon. Frank B. Smith, Judge. Action by James A. Wilson against tbe city of Mitchell. From a judgment in favor of defendant, plaintiff appeals. Assumpsit will lie against a municipal corporation. Bank of Columbia v. Patterson, 7 Cranch 297; Danforth v. Schoharie T. Co., 12 Johns 227; Dunn v. Rector etc., of St Johns, 14 Johns 118; Randall v. Van Vechten, 10 Am. Dec. 193. A ratification by a city is as effectual to bind it as an original contract by express resolution. Peterson v. The Mayor, &c., of New York, 17 N. Y. 449; Hooker v. Eagle Bank of…
1Opinion of the CourtCorson, J.
The plaintiff brought this action to recover of the defendant the sum of $694, the alleged value of the use and occupation of a certain city lot, with an artesian well thereon, belonging to the plaintiff, for a period of about seven years. A verdict was directed in favor of the defendant, and the plaintiff has appealed.
At the close of all the evidence the defendant moved the court to direct a verdict for the defendant upon the ground that the undisputed evidence showed that the city did not sink a well upon the lot in question, and did not ratify the act of the superintendent of the…
2Cases cited9 opinions
- Morrison v. City of LawrenceMassachusetts Supreme Judicial Court · 1867
- Thomson v. Mayor of BoonvilleSupreme Court of Missouri · 1875
- Hunt v. City of BoonvilleSupreme Court of Missouri · 1877
- First National Bank v. FrickeSupreme Court of Missouri · 1881
- Cavanagh v. City of BostonMassachusetts Supreme Judicial Court · 1885
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3Cited by3 opinions
- Jensen v. JuulSouth Dakota Supreme Court · 1938
- Rolette State Bank v. Rollete CountyNorth Dakota Supreme Court · 1928
- Scissons v. City of ColomeSouth Dakota Supreme Court · 1932