Luze v. Bruening
South Dakota Supreme Court
■Appeal from Circuit Court, ’ Brookings County. Hon. William N. 'Skinner, Judge. Taction by Louie Lutz and others against Fred Brueniug and another, to enjoin certain school officers from removing a school house. From' a judgment for defendants dismissing the action, and for costp, plaintiffs appeal.
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■Appeal from Circuit Court, ’ Brookings County. Hon. William N. 'Skinner, Judge. Taction by Louie Lutz and others against Fred Brueniug and another, to enjoin certain school officers from removing a school house. From' a judgment for defendants dismissing the action, and for costp, plaintiffs appeal. (4) To point four, Appellants cited: State v. Blaisdell (N. D.), 119 N. W. 360; Briggs v. Ghrist (S. D.), 134 N. W. 321. Respondents cited: Cass Co. v. Johnson, 95 U. S. 360, 24 La. Ed. 416; Carroll Co. v. Smith, in U. S. 563, 28 La. Ed. 517; 15 Cyc. 388, and cases in note 35; State v. Langlie, 5…
1Opinion of the CourtMcCOY, P. J.
This action was instituted by certain electops ^ and taxpayers of school district No. 34, Alton township, Brookings county., to enjoin and restrain the school officers *417from removing a schoolhouse. Findings and judgment were in favor of defendants dismissing plaintiffs’ cause of action on the merits, and assessing and adjudging that plaintiffs pay damages and costs, from which judgment plaintiffs appeal on the ground that said judgment is not sustained by the findings.
At an annual township school election the question of the removal of said schoolhouse was submitted to a vote under the…
2Cases cited3 opinions
- Krakowski v. WaskeySouth Dakota Supreme Court · 1914
- Edmison v. Sioux Falls Water Co.South Dakota Supreme Court · 1898
- Kelley v. MeadSouth Dakota Supreme Court · 1904
3Cited by3 opinions
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- State v. ArguelloSouth Dakota Supreme Court · 1996
- Gollnick v. LuedtkeSouth Dakota Supreme Court · 1922