State ex rel. Vig v. Lehman
South Dakota Supreme Court
Appeal from Circuit Court, Meade County. Hon. James M'cNenNY, Judge. Application ;by the State of South Dakota on the relation of Ajndrew Vig, against F. J. Lehman, Frank Hoval and Martin Schmidt, as members of the School Board of School District No. 89 of Meade County, for a writ of mandamus directing defendants, as members' of said Board, to return a school building to the place from which they had removed it. From a judgment denying the -writ, plaintiffs appeal.
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Appeal from Circuit Court, Meade County. Hon. James M'cNenNY, Judge. Application ;by the State of South Dakota on the relation of Ajndrew Vig, against F. J. Lehman, Frank Hoval and Martin Schmidt, as members of the School Board of School District No. 89 of Meade County, for a writ of mandamus directing defendants, as members' of said Board, to return a school building to the place from which they had removed it. From a judgment denying the -writ, plaintiffs appeal. (4) To point four of the opinion, Respondents cited: State ex rel. v. Wilson, 122 Ala. 259, 26 So. 489; Meyer v. San Francisco,…
1Opinion of the CourtPolley, J.
This appeal grows out of a school district squabble in Meade county. The school board moved a building that for several years had been used for school purposes from one part of the district to another. Plaintiff, on behalf of himself and several neighbors, claiming that the provisions of section 7494, Revised Code, relative to the removal of school buildings, had not been complied 'with, and that the school 'board had never been legally authorized' nor directed to move the said building, and being dissatisfied with the change, applied to the circuit court for a writ of mandamus directing…
2Cases cited3 opinions
- Itzkovitch v. WhitakerSupreme Court of Louisiana · 1905
- People ex rel. Gow v. BinghamNew York Supreme Court · 1907
- Waubay Motor Sales Co. v. LasellSouth Dakota Supreme Court · 1913
3Cited by10 opinions
- Camp Crook Independent School District No. 1 v. ShevlingSouth Dakota Supreme Court · 1936
- Crowley v. Spearfish Independent School District, Number 40-2South Dakota Supreme Court · 1989
- Sioux Falls Argus Leader v. YoungSouth Dakota Supreme Court · 1990
- Hentz v. City of Spearfish, Department of Public Works, Office of Planning & ZoningSouth Dakota Supreme Court · 2002
- Ewing v. WaddingtonSouth Dakota Supreme Court · 1933
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