Legal Opinion

Wilson v. City of Mitchell

South Dakota Supreme Court

Decided December 29, 1903PublishedCited by 3 opinions

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

  1. Morrison v. City of LawrenceMassachusetts Supreme Judicial Court · 1867
  2. Thomson v. Mayor of BoonvilleSupreme Court of Missouri · 1875
  3. Hunt v. City of BoonvilleSupreme Court of Missouri · 1877
  4. First National Bank v. FrickeSupreme Court of Missouri · 1881
  5. Cavanagh v. City of BostonMassachusetts Supreme Judicial Court · 1885

4 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Jensen v. JuulSouth Dakota Supreme Court · 1938
  2. Rolette State Bank v. Rollete CountyNorth Dakota Supreme Court · 1928
  3. Scissons v. City of ColomeSouth Dakota Supreme Court · 1932

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