Beers v. City of Watertown
South Dakota Supreme Court
Appeal from Circuit . Court, Codington County. Hon. William N. SkINNER, Judge. Action -by J. H. Beers against the City of Watertown, South Dakota, a municipal corporation, A. T. Hopkins as mayor of the city of Watertown, Brownie Mather as city auditor 'of the city of Watertown, and P. W. Reed and'others as aldermen and members of the city council of the city of Watertown, *° restrain defendants from issuing certain municipal bonds, and from advertising the same for sale, and…
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Appeal from Circuit . Court, Codington County. Hon. William N. SkINNER, Judge. Action -by J. H. Beers against the City of Watertown, South Dakota, a municipal corporation, A. T. Hopkins as mayor of the city of Watertown, Brownie Mather as city auditor 'of the city of Watertown, and P. W. Reed and'others as aldermen and members of the city council of the city of Watertown, *° restrain defendants from issuing certain municipal bonds, and from advertising the same for sale, and for other relief. - From an order of the circuit court vacating and setting" aside an order to show cause why' a…
1Opinion of the CourtWhiting, J.
[1]. Respondent moves the dismissal of tlie appeal herein. The appeal is from an order of the circuit Court. ‘ The sole, question for our determination is whether the odder appealed, .from is .an appealable., order unclersection 3168, Rev. Code, 1919. . If-, tliie order appealed from, was an order vacating an injunction it was appealable. Was the. order *445vacated a temporary injunction, or a temporary restraining order? Between these two classes of orders there is a clear distinction, which appellant has failed to recognize. As was well said by the court in State v. Johnston, 78 Kan. 615, 97…
2Cases cited7 opinions
- Hicks v. MichaelCalifornia Supreme Court · 1860
- San Diego Water Co. v. Pac. Coast S.S. Co.California Supreme Court · 1894
- Wetzstein v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1901
- State ex rel. Bender v. JohnstonSupreme Court of Kansas · 1908
- Porter v. JenningsCalifornia Supreme Court · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
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- BH DAIL v. City of Rapid CitySouth Dakota Supreme Court · 1974
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