Whittaker v. City of Deadwood
South Dakota Supreme Court
Appeal from Circuit Court, Lawrence County. Hon. Whaiam G. RicR, Judge. Suit by 'Thomas Whittaker and others against the City of Deadwood and another. Decree for defendants, and plaintiffs appeal. The statute does not authorize the city council to pass a resolution of intention to do work, the description of which is to be furnished by plans and specifications yet to be prepared by .someone.
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Appeal from Circuit Court, Lawrence County. Hon. Whaiam G. RicR, Judge. Suit by 'Thomas Whittaker and others against the City of Deadwood and another. Decree for defendants, and plaintiffs appeal. The statute does not authorize the city council to pass a resolution of intention to do work, the description of which is to be furnished by plans and specifications yet to be prepared by .someone. Hews v. Reis, 40 Cal. 255; Schweisau v. Mahon, 60 Pac. 683-5. The council adopted the resolution to pave and curb,' and delegated to the city engineer the cower to specify the .dimensions and the cost of…
1Opinion of the CourtMcCOY, J.
This action involves the validity of certain special assessments made for local improvements in paving certain streets in the city of Deadwood, The plaintiffs, protesting property owners affected by such assessments, brought this action in the circuit court of Lawrence county for t(he purpose of having set aside and declared unlawful the said assessments, and to permanently enjoin the city treasurer from collecting the same. The defendants answered, and a trial was had before the circuit court without a jury, resulting in findings and judgment in favor of the defendants. The plaintiffs, as…
2Cases cited25 opinions
- New Orleans v. WarnerSupreme Court of the United States · 1899
- County of McLean v. City of BloomingtonIllinois Supreme Court · 1883
- City of Springfield v. GreenIllinois Supreme Court · 1887
- County of Adams v. City of QuincyIllinois Supreme Court · 1889
- Boston Seamen's Friend Society v. Mayor of BostonMassachusetts Supreme Judicial Court · 1874
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3Cited by12 opinions
- Ford v. City of Great FallsMontana Supreme Court · 1912
- C. A. Wagner Construction Co. v. City of Sioux FallsSouth Dakota Supreme Court · 1947
- Robertson Lumber Co. v. City of Grand ForksNorth Dakota Supreme Court · 1914
- Haggart v. AltonSouth Dakota Supreme Court · 1912
- McKenzie v. City of MandanNorth Dakota Supreme Court · 1914
7 more not listed; retrieve them via the Exa API.