Legal Opinion

Western Town-Lot Co. v. Lane

South Dakota Supreme Court

Decided April 20, 1895PublishedCited by 12 opinions

Appeal from circuit court, Beadle county. Hon. A. W. Campbell, Judge. Action by the Western Town-Lot Company for mandamus against George F. Lane, county treasurer, in which the city of Huron intervened. The facts are stated in the opinion. A city warrant drawn for current expenses of one year is not payable out of the funds levied for a subsequent year.

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Appeal from circuit court, Beadle county. Hon. A. W. Campbell, Judge. Action by the Western Town-Lot Company for mandamus against George F. Lane, county treasurer, in which the city of Huron intervened. The facts are stated in the opinion. A city warrant drawn for current expenses of one year is not payable out of the funds levied for a subsequent year. Shaw v. Slater, 74 Cal. 258; Fuller v. Heath, 89 111. 310; People v. May, 9 Cal. 404; Fuller v. Chicago, 89 111. 282; San Francisco v. Brickwebel, 62 Cal. 642. A city has the right to make a special levy for the current expenses for any fiscal…

1Opinion of the CourtCorson, P. J.

In the year 1892 the property of the plaintiff, situated in the city of Huron, was assessed at $10,000, and city and school taxes levied thereon amounting to $345, $100 of which wets for general city purposes, or ‘‘city general tax.” In January, 1893, the plaintiff tendered to the county treasurer of Beadle county, who was by law authorized to collect the city taxes of the city of Huron, a city warrant drawn upon the general fund of said city for $100, .bearing date July 25,. 1892, and cash for $245, and demanded a tax receipt for the taxes due from the plaintiff to said city. The county…

2Cases cited5 opinions

  1. People ex rel. McCauley & Tevis v. BrooksCalifornia Supreme Court · 1860
  2. State v. McCauleyCalifornia Supreme Court · 1860
  3. People ex rel. McCullough v. PachecoCalifornia Supreme Court · 1865
  4. In re State WarrantsSouth Dakota Supreme Court · 1895
  5. Shaw v. StatlerCalifornia Supreme Court · 1887

3Cited by12 opinions

  1. In re State to Issue Bonds to Fund IndebtednessSupreme Court of Oklahoma · 1912
  2. Board of Com'rs v. Keene Five-Cents Sav. BankCourt of Appeals for the Eighth Circuit · 1901
  3. Williamson v. AldrichSouth Dakota Supreme Court · 1906
  4. Johnson v. Board of County CommissionersSupreme Court of Oklahoma · 1899
  5. Shannon v. City of HuronSouth Dakota Supreme Court · 1896

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