Legal Opinion

Weatherer v. Herron

South Dakota Supreme Court

Decided June 28, 1911PublishedCited by 2 opinions

Appeal from Circuit Court, Potter County. Hon. Lyman T. Boucher, Judge. Suit by Joseph Weatherer and others against J. S. Herron and others, as County Commissioners of Potter County, and C. KC. Breene, as County Auditor. From an order denying plaintiffs, motion to amend their amended complaint, they appeal.

1Opinion of the CourtWhiting, J.

This action was brought by the plaintiffs, residents and taxpayers of Potter county, seeking to have the trial court enjoin the defendants, commissioners and auditor of such county, from issuing the bonds of said county to raise money for the purchase of a site for and the erection of a courthouse in and for said Potter county. The defendants demurred to the amended complaint, which demurrer was sustained; the order sustaining the demurrer containing no provision allowing plaintiffs to further amened their complaint. The plaintiffs appealed from the order sustaining the demurrer, and this…

2Cases cited1 opinion

  1. Weatherer v. HerronSouth Dakota Supreme Court · 1910

3Cited by2 opinions

  1. Koenkamp v. PicassoSouth Dakota Supreme Court · 1935
  2. Dorr County State Bank v. AdamsNorth Dakota Supreme Court · 1924

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