State ex rel. Curtis v. Pound
South Dakota Supreme Court
Appeal from Circuit Court, Davison County. Hon. FRANK B. Smith, Judge. Mandamus proceedings by 'the State, on the relation of A. J. Curtis and others, as County Commissioners of Davison County, South Dakota, and another, against S. S. Pound and others, as Supervisors of Union Township, and another, to require defendants to levy a tax to pay a drainage district assessment. From a judgment for plaintiff that a peremptory writ issue, defendants appeal.
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Appeal from Circuit Court, Davison County. Hon. FRANK B. Smith, Judge. Mandamus proceedings by 'the State, on the relation of A. J. Curtis and others, as County Commissioners of Davison County, South Dakota, and another, against S. S. Pound and others, as Supervisors of Union Township, and another, to require defendants to levy a tax to pay a drainage district assessment. From a judgment for plaintiff that a peremptory writ issue, defendants appeal. All the provisions of the statute going to the jurisdiction of the board of county commissioners must be strictly complied with. This notice is…
1Opinion of the CourtWhiting, P. J.
Claiming to proceed under the provisions of chapter 134. Laws 1907, as amended by chapter 102, Laws 1909, the Picard of County Commissioners in and for Davison County, made an order establishing a certain drainap;c ditch, and later, the ditch having been constructed, having found that Union township in said county was benefited- thereb}r, such board made an order wherein part of the expense of establishing and constructing such ditch was assessed against such township. Notice of such assessment having been given such township, and the said assessment having been certified to the county…
2Cited by5 opinions
- Hepner v. WheatleySouth Dakota Supreme Court · 1913
- State v. RistySouth Dakota Supreme Court · 1927
- Lake County v. Orland Twp.South Dakota Supreme Court · 1931
- State ex rel. Curtis v. PoundSouth Dakota Supreme Court · 1914
- State v. DachtlerSouth Dakota Supreme Court · 1920