Legal Opinion

Burkhardt v. Georgia School Township

South Dakota Supreme Court

Decided October 13, 1896PublishedCited by 5 opinions

Appeal from circuit court, Grant county. Hon. J. O. Andrews, Judge. Action to recover the value of services. There was a judgment for plaintiff, and defendant appeals. The facts are stated in the opinion. A school district, though generally a corporation, can exercise no powers beyond those expressly conferred by statute, or which by necessary implication arises therefrom. 2 Am. & Eng.

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Appeal from circuit court, Grant county. Hon. J. O. Andrews, Judge. Action to recover the value of services. There was a judgment for plaintiff, and defendant appeals. The facts are stated in the opinion. A school district, though generally a corporation, can exercise no powers beyond those expressly conferred by statute, or which by necessary implication arises therefrom. 2 Am. & Eng. Encyc. of Law 800. Persons contracting with school corporations must see at their peril that the powers of the corporation have not been exceeded. Bank v.. School District, 6 Dak. 255. The contract, if valid,…

1Opinion of the CourtHaney, J.

September 17, 1891, defendant was a school corporation. Its board consisted of three members. A written contract, evidently intended to bind defendant, signed by plaintiff and each member of the board, was executed, wherein plaintiff agreed to remove a schoolhouse belonging to defendant, for which service he was to receive $85. Plaintiff began and continued its removal until informed of an order issued by the circuit court .restraining defendant from making the contemplated change. The house was then a few rods from its former location, where plaintiff left it. He sues to recover the value of…

2Cases cited2 opinions

  1. State v. KnightSouth Dakota Supreme Court · 1893
  2. Freeman v. City of HuronSouth Dakota Supreme Court · 1896

3Cited by5 opinions

  1. Karras v. GannonSouth Dakota Supreme Court · 1984
  2. South Memphis Land Co. v. McLean Hardwood Lumber Co.Court of Appeals for the Sixth Circuit · 1910
  3. Kuhl v. School District No. 76 of Wayne CountyNebraska Supreme Court · 1952
  4. Redfield School District No. 12 v. Redfield Independent School District No. 20South Dakota Supreme Court · 1901
  5. Karras v. GannonSouth Dakota Supreme Court · 1984

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