Legal Opinion

Halverson v. Williams

South Dakota Supreme Court

Decided December 30, 1916No. File No. 3977PublishedCited by 6 opinions

Appeal from Circuit Court, Turner County. Hon. Robert B. TRIPP, Judge. Mandamus iby Alfred Halverson', against Frank Williams, as Mayor, T. I. Gunderson and' others, as Aldermen, and Soren Christensen, as Auditor, of the city of Centerville, to compel defendant city to pay certain judgments in favor of plaintiff. From a judgment for defendants, conditionally, and from an order 'denying a new trial, plaintiff appeals. (1) To point one of the opinion, Respondents cited: Pol.

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Appeal from Circuit Court, Turner County. Hon. Robert B. TRIPP, Judge. Mandamus iby Alfred Halverson', against Frank Williams, as Mayor, T. I. Gunderson and' others, as Aldermen, and Soren Christensen, as Auditor, of the city of Centerville, to compel defendant city to pay certain judgments in favor of plaintiff. From a judgment for defendants, conditionally, and from an order 'denying a new trial, plaintiff appeals. (1) To point one of the opinion, Respondents cited: Pol. Code, 'Sec. 1191. (2) To point twloi of the opinion, Appellant cited: Potomac Oil Co-. et al. vs. Dye, (Cal.) 102 Piale.…

1Opinion of the CourtPoeeey, P. J.

This is a ¡proceeding in mandamus and .was commenced by the plaintiff toi compel the defendant (the city of Centerville) to pay five separate judgments, held by plaintiff against the defendant. The defendant answered the alternative ¡writ of' mandamte and alleged that said judgments had been obtained fraudulently and by coliusilota 'between the plaintiff and the mayor of the .defendant city. Paragraph 3 of defendant’s answer reads- as follows:

“That said purported' judgments were 'secured by the'papers being 'served on the mayor, W. E. Ege, who, together with the plaintiff, Alfred Halverson,…

2Cited by6 opinions

  1. Anderson v. City of Sioux FallsSouth Dakota Supreme Court · 1986
  2. Washington Public Trust Advocates v. City of SpokaneCourt of Appeals of Washington · 2004
  3. Shaw v. Common Council of City of WatertownSouth Dakota Supreme Court · 1954
  4. Hlebanja v. BreweSouth Dakota Supreme Court · 1931
  5. City of Sioux Falls v. Sioux Falls Traction SystemSouth Dakota Supreme Court · 1928

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