Legal Opinion · Concurrence

Waverly Independent Consolidated School District No. 1 v. Young

South Dakota Supreme Court

Decided March 6, 1934No. File No. 7524Published

1ConcurrencePolley, J.

While I agree with the disposition made of this case toy the majority opinion, I db not agree with what is said in the opinion upon which the conclusion is based.

When the said warrants were presented for payment to the treasurer of the school district, she had on- hand in the bank, funds applicable for that purpose, greatly in excess of the aggregate amount of all the warrants. Under these conditions it was her imperative duty to pay them on presentation, and this is exactly what s'he did. She paid each, warrant holder thp amount of his warrant in cash. She then indorsed each warrant on the…

2Cases cited2 opinions

  1. Lewis v. Rutland Independent Consolidated School District No. 3South Dakota Supreme Court · 1932
  2. Tattersfield v. Independent School DistrictSouth Dakota Supreme Court · 1932

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