Legal Opinion

Eakin v. South Dakota State Cement Commission

South Dakota Supreme Court

Decided June 30, 1921No. File No. 4934PublishedCited by 9 opinions

Application by Edwin K. Eakin, against the South Dakota State Cement Comimission, William H. McMaster, Governor of the State of South Dakota and chairman of the South Dakota Cement Commission, P'aul E. Bellamy, Secretary-treasurer of said Commission, and Charles M. Harrison, Frank H. Bernard and William J. Scharwood, members of said Comimission, for a writ of prohibition prohibiting defendant from issuing and selling state bonds for the purpose of carrying into effect the…

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Application by Edwin K. Eakin, against the South Dakota State Cement Comimission, William H. McMaster, Governor of the State of South Dakota and chairman of the South Dakota Cement Commission, P'aul E. Bellamy, Secretary-treasurer of said Commission, and Charles M. Harrison, Frank H. Bernard and William J. Scharwood, members of said Comimission, for a writ of prohibition prohibiting defendant from issuing and selling state bonds for the purpose of carrying into effect the provisions of Chap. 324, Session Daws of 1919. (2) To points embraced in second head-note to .the opinion,. Plaintiff…

1Opinion of the CourtW'Hiting, J.

Application for -writ of prohibition, to prohibit defendants from issuing and selling bonds for the purpose of carrying into effect the provisions of chapter 324, Laws 1919-— being the law authorizing the creation of a state cement commission and conferring upon ir authority to issue bonds to establish, within this state, a plant or plants for the manufacture of cement. Defendants interposed a demurrer to the application for the writ; they also answered alleging facts other than those set forth in plaintiff’s application.

[1,2] The same questions that are presented to us under this application…

2Cases cited3 opinions

  1. Green v. FrazierSupreme Court of the United States · 1920
  2. In re Opinion of the JudgesSouth Dakota Supreme Court · 1914
  3. Frese v. Northwestern National Life InsuranceSouth Dakota Supreme Court · 1921

3Cited by9 opinions

  1. Reeves, Inc. v. StakeSupreme Court of the United States · 1980
  2. Arcon Construction Co. v. South Dakota Cement PlantSouth Dakota Supreme Court · 1984
  3. Clem v. City of YanktonSouth Dakota Supreme Court · 1968
  4. South Dakota State Cement Plant Commission v. Wausau Underwriters InsuranceDistrict Court, D. South Dakota · 1991
  5. Reeves, Inc. v. KelleyCourt of Appeals for the Eighth Circuit · 1978

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