Legal Opinion

Searle v. City of Lead

South Dakota Supreme Court

Decided November 20, 1897PublishedCited by 46 opinions

Appeal from circuit court, Lawrence county. Hon. A. J. Plowman, Judge. Application to restrain the changing of a street grade. Preliminary injunction granted and defendant appeals. The facts are stated in the opinion.

1Opinion of the CourtCorson, P. J.

This is an appeal from an order granting a preliminary injunction. The plaintiff, claiming to be the owner of certain town lots in Lead city, fronting upon Mill street, in said city, upon which she had erected a house and made other improvements, instituted this action to restrain the city from changing the grade of said street, which she avers the city was threatening to do, and which change of grade, she avers, would cause damage to her property in a sum of, at least, $1,000, until such damages shall be ascertained and paid. The court made the order restraining the city from grading in…

2Cases cited9 opinions

  1. Rigney v. City of ChicagoIllinois Supreme Court · 1881
  2. Chicago v. TaylorSupreme Court of the United States · 1888
  3. Johnson v. City of ParkersburgWest Virginia Supreme Court · 1880
  4. Werth v. City of SpringfieldSupreme Court of Missouri · 1883
  5. Harmon v. City of OmahaNebraska Supreme Court · 1885

4 more not listed; retrieve them via the Exa API.

3Cited by46 opinions

  1. State Highway Commission v. BloomSouth Dakota Supreme Court · 1958
  2. Hurley v. StateSouth Dakota Supreme Court · 1966
  3. Hyde v. M., D. & P. Ry. Co.South Dakota Supreme Court · 1912
  4. Rupert v. City of Rapid CitySouth Dakota Supreme Court · 2013
  5. Sallden v. City of Little FallsSupreme Court of Minnesota · 1907

41 more not listed; retrieve them via the Exa API.

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