Gross v. City of Bowdle
South Dakota Supreme Court
Action by John Gross against the City of Bowdle, a municipal corporation, C. W. Young, as Mayor, A. A. Steltzer, as City Auditor, and H. C. Baer, as City Treasurer of said City, to enjoin a sale of certain special assessment sewerage bonds of said City. From an order sustaining a demurrer to the complaint, plaintiff appeals. Appellant cited: Sec. 6413, Code 1919; Ottumwa v. City Water , Supply Co., 119 Fed. 315; 59 L. R. A. and note. Respondent cited: Nat. Life Ins.
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Action by John Gross against the City of Bowdle, a municipal corporation, C. W. Young, as Mayor, A. A. Steltzer, as City Auditor, and H. C. Baer, as City Treasurer of said City, to enjoin a sale of certain special assessment sewerage bonds of said City. From an order sustaining a demurrer to the complaint, plaintiff appeals. Appellant cited: Sec. 6413, Code 1919; Ottumwa v. City Water , Supply Co., 119 Fed. 315; 59 L. R. A. and note. Respondent cited: Nat. Life Ins. Co. v. Mead, 13 S. D. 37; 82 N. W. 78; 79 Am. St. Rep. 876; 48 L. R. A. 785; In re Rural Credits Law, 38 'S. D. 635; 162 N. W.…
1Opinion of the CourtMcCOY, J.
From an order sustaining a demsurrer to the complaint, on the ground, that the same failed to state a cause of action against the defendants, plaintiff appeals. This appeal involves the constitutionality of certain bonds proposed to be issued by and on behalf of defendant city. Appellant contends that said bonds will be illegal and unconstitutional in that there has been no majority vote of the electors of said municipality authorizing the same, and that a debt would thereby be created in excess, of the constitutional limit by virtue of the provisions of section 4, art. 13, State…
2Cases cited4 opinions
- National Life Insurance v. MeadSouth Dakota Supreme Court · 1900
- Hyde v. EwertSouth Dakota Supreme Court · 1902
- In re Rural Credits LawSouth Dakota Supreme Court · 1917
- Walling v. LummisSouth Dakota Supreme Court · 1902
3Cited by10 opinions
- Boe v. FossSouth Dakota Supreme Court · 1956
- Mettet v. City of YanktonSouth Dakota Supreme Court · 1946
- Meierhenry v. City of HuronSouth Dakota Supreme Court · 1984
- City of McLaughlin v. TurgeonCourt of Appeals for the Eighth Circuit · 1935
- Schieber v. City of MohallNorth Dakota Supreme Court · 1936
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