Quarnberg v. City of Chamberlain
South Dakota Supreme Court
Appeal from Circuit Court, Brule County. Hon. Frank B. .Smith, Judge. Action by Flans Quarnberg against the City of Chamberlain,, a municipal corporation, for damages resulting from an injunction against the construction by plaintiff of an artesian well for water for mill power. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. Was plaintiff’s cause of action barred by the statute of limitations.
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Appeal from Circuit Court, Brule County. Hon. Frank B. .Smith, Judge. Action by Flans Quarnberg against the City of Chamberlain,, a municipal corporation, for damages resulting from an injunction against the construction by plaintiff of an artesian well for water for mill power. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. Was plaintiff’s cause of action barred by the statute of limitations. “Civil actions- can only be commenced within the period prescribed in this code, after the cause of action shall have accrued, except where in special cases, a…
1ConcurrenceWhiting, J.
While I concur in the conclusion of my colleague that the judgment and order of the trial court should be affirmed, yet I feel justified in calling further attention to one of the contentions of appellant. In my concurring opinion in case of City of Chamberlain v. Quarnberg, 23 S. D. 55, 119 N. W. 1026, I called attention to the fact that the restraining order dated ■September 26, 1902, was issued in strict conformity with section 201 of the Code of Civil Procedure, and that therefore the liability of the sureties on the undertaking given in connection with such order extended only to damages…
2Cases cited1 opinion
- City of Chamberlain v. QuarnbergSouth Dakota Supreme Court · 1909