Legal Opinion

Van den Bos v. Board of Commissioners

South Dakota Supreme Court

Decided October 11, 1898PublishedCited by 7 opinions

Appeal from circuit court, Douglas county. Hon. E. G. Smith, Judge. Certiorari proceedings by Dirk Van den Bos against the board of commissioners of Douglas county and others. Judgment for plaintiff, and defendants appeal. The facts are stated in the opinion. Neither the writ nor the application therefor showed that plaintiff had any personal interest in the matters complained of..

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Appeal from circuit court, Douglas county. Hon. E. G. Smith, Judge. Certiorari proceedings by Dirk Van den Bos against the board of commissioners of Douglas county and others. Judgment for plaintiff, and defendants appeal. The facts are stated in the opinion. Neither the writ nor the application therefor showed that plaintiff had any personal interest in the matters complained of.. It is not enough that plaintiff is simply interested; he should have an interest personal and peculiar to himself, and which does not apply alike to the public. Tal Ion y. Hoboken, 37 At. 895; Welch v. Board, 23…

1Opinion of the CourtHaney, J.

This is an appeal from a judgment rendered by the circuit court in certiorari preceedings, wherein it is ad judged that the commissoners of Douglas county exceeded their jurisdiction, in changing the boundary lines of the commissioner districts in that county. The law relative to new trials and appeals in civil actions, except in so far as it is inconsistent with the provisions of the Civil Code relating to special proceedings of a civil nature, applies to this appeal. Comp. Laws, § 5536. As this is an appeal from a judgment, it was the duty of the clerk of the circuit court to transmit to…

2Cases cited1 opinion

  1. State v. WelbesSouth Dakota Supreme Court · 1898

3Cited by7 opinions

  1. Wright v. Grove Sun Newspaper Co., Inc.Supreme Court of Oklahoma · 1994
  2. Barnum v. EwingSouth Dakota Supreme Court · 1928
  3. Southwest Branch of Rural Reciprocal Telephone Co. v. Dakota Central Telephone Co.South Dakota Supreme Court · 1928
  4. State ex rel. Peterson v. ScottSouth Dakota Supreme Court · 1929
  5. La Asamblea Municipal de Santa Isabel v. Corte de Distrito de GuayamaSupreme Court of Puerto Rico · 1927

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