Weatherer v. Herron
South Dakota Supreme Court
Appeal from Circuit Court, Potter County. Hon. Byman T. Boucher, Judge. Action by Joseph Weatherer and others against J. S. Herron and others, as the County Commissioners of Potter County, and C. hi. Breene, as County Auditor of Potter County. From an order sustaining a demurrer to the complaint, plaintiffs appeal.
1Opinion of the CourtMcCOY, J.
This was an action to restrain the county auditor 'and county commissioners of Potter county from issuing certain bonds voted for at the general election in 1908, for the purpose of constructing a courthouse. Defendants appeared and demurred to the complaint on the grounds that there is a defect of parties plaintiff, and that the complaint does not state facts sufficient to constitute a cause of action. The demurrer was sustained, and plaintiffs appeal, and assign as error the sustaining of such demurrer. The record does not show on what particular ground the demurrer was sustained. It…
2Cases cited2 opinions
- State ex rel. Adkins v. LienSouth Dakota Supreme Court · 1896
- State ex rel. Schilling v. MenzieSouth Dakota Supreme Court · 1903
3Cited by13 opinions
- White Eagle Oil & Refining Co. v. GundersonSouth Dakota Supreme Court · 1925
- Danforth v. City of YanktonSouth Dakota Supreme Court · 1946
- State Ex Rel. Parker v. YoungquistSouth Dakota Supreme Court · 1943
- Sawyer Stores, Inc. v. MitchellMontana Supreme Court · 1936
- Security State Bank v. BreenSouth Dakota Supreme Court · 1938
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