Lee v. Clark Implement Co.
South Dakota Supreme Court
Appeal from' Circuit Court, Lincoln County. H-on. Joseph W. Jones, Judge. . Action by John G. Lee and others against the Clark Implement Company and others, to cancel certain drainage ditch certificates; defendants counterclaiming for foreclosure thereof. Judgment dismissing complaint and for defendants on the counterclaim. An order denying a new trial was entered, but the appeal -by plaintiffs was from -the judgment only.
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Appeal from' Circuit Court, Lincoln County. H-on. Joseph W. Jones, Judge. . Action by John G. Lee and others against the Clark Implement Company and others, to cancel certain drainage ditch certificates; defendants counterclaiming for foreclosure thereof. Judgment dismissing complaint and for defendants on the counterclaim. An order denying a new trial was entered, but the appeal -by plaintiffs was from -the judgment only. On the face of the judgment roll it appears without controversy that the board of county commissioners were without power to make any assessment and all their proceedings…
1Opinion of the CourtSmith, J.
Appeal from -the circuit court of Lincoln county. Action to cancel certain ditch -certificates issued for the construction of a drainage ditch, which certificates purport to be a charge against lands owned by plaintiffs Lee.
The complaint alleges that on November 9, 1908, the county commissioners of Lincoln county executed and delivered to the de-. fendant, the Clark Implement Company, three ditch certificates one for $90.47, one for $72.38, and one for $58.80; that at the inception *585'of the ditch proceedings the legal" title to the land now owned 'by plaintiffs Lee was in Mary A. Cooper; that…
2Cases cited3 opinions
- Blakemore v. CooperNorth Dakota Supreme Court · 1905
- Irwin v. LattinSouth Dakota Supreme Court · 1912
- De Noma v. MurphySouth Dakota Supreme Court · 1911
3Cited by7 opinions
- Keyes v. BaskervilleSouth Dakota Supreme Court · 1919
- Smith v. PenceSouth Dakota Supreme Court · 1914
- Woonsocket State Bank v. ParsonsSouth Dakota Supreme Court · 1928
- Cleveland Stone Co. v. HollingsworthSouth Dakota Supreme Court · 1935
- Hoisington v. PriceSouth Dakota Supreme Court · 1913
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