Milne v. McKinnon
South Dakota Supreme Court
Apeal from Circuit Court, Minnehaha County. Hon. Joseph H. JONES, Judge. Action by W. G. Milne against Thomas McKinnon and others, constituting the Board of County Commissioners of Minnehaha County, the County of Minnehaha, and Harry B. Benson as county treasurer, to enjoin .collection of a special assessment for construction of a 'drainage ditch. From a judgment for defendants, entered upon an order sustaining a demurrer to- the complaint, plaintiff appeals.
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Apeal from Circuit Court, Minnehaha County. Hon. Joseph H. JONES, Judge. Action by W. G. Milne against Thomas McKinnon and others, constituting the Board of County Commissioners of Minnehaha County, the County of Minnehaha, and Harry B. Benson as county treasurer, to enjoin .collection of a special assessment for construction of a 'drainage ditch. From a judgment for defendants, entered upon an order sustaining a demurrer to- the complaint, plaintiff appeals. The purpose of the act is not to- benefit other than agricultural lands. The Board has no authority to proceed with a view of…
1Opinion of the CourtWhiting, P. J.
This is an action in equity wherein plaintiff sought to restrain a sale of .his real property in satisfaction of a special -assessment made thereon under the -provisions of chapter 134, Laws 1907, commonly known as the Drainage Act. Defendants demurred to the corn-plaint, alleging as ground for such demurrer that it did not state facts -sufficient to .constitute -a cause of action. The demurrer was sustained, and plaintiff appealed to-this court from the order sustaining same.
Appellant contends: That his property not being ‘ ‘agricultural lands,” and the law in question not authorizing an…
2Cited by5 opinions
- Boe v. FossSouth Dakota Supreme Court · 1956
- State v. RistySouth Dakota Supreme Court · 1927
- Nielsen v. EricksonSouth Dakota Supreme Court · 1978
- Lake County v. Orland Twp.South Dakota Supreme Court · 1931
- State ex rel. Curtis v. PoundSouth Dakota Supreme Court · 1914