Legal Opinion

Stanley County v. Jackson County

South Dakota Supreme Court

Decided November 17, 1915No. File Nos. 3888, 3889PublishedCited by 7 opinions

■ Original proceedings by Stanley County, against Jackson County and others, and against Haakon County and others, for writs of mandamus, to compel defendant counties to pay their pro rata shares of the indebtedness of plaintiff county.

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■ Original proceedings by Stanley County, against Jackson County and others, and against Haakon County and others, for writs of mandamus, to compel defendant counties to pay their pro rata shares of the indebtedness of plaintiff county. (i) To point one of the opinion, Plaintiff cited: 26 Cyc. 310; Hempstead County v. Graves, 44 Ark. 317; Crow v. Dallas, 13 Ark. 625; Riverside County v. Sanbernardino County, 134 Cal. 517, p. 520; Kings County v. Johnson, 104 Cal. 198; Blaine County v. Smith, 5 Idaho, 255. Defendants cited: Bailey v. Lawrence County, 2 S. D. 533; Custer County v. Bank, 18 S.…

1Opinion of the CourtPo'Lley, J.

The above cases — -proceedings in mandamus— grow out of the same transaction, and will be considered together.

At the general election of 1914, Stanley county was divided and the -counties of Plaakon and Jackson created from the territory -detached from Stanley -county. It is alleged in the affidavit filed in each case, and upon which an alternative writ of mandamus was issued in each -c-ase, that at the time of the said division there were -certain outstanding -debts and obligations against said -Stanley county greatly in excess of' the funds or means on hand with which- to pay the same; that…

2Cases cited6 opinions

  1. Everitt v. Board County CommissionersSouth Dakota Supreme Court · 1890
  2. Bailey v. Lawrence CountySouth Dakota Supreme Court · 1892
  3. State ex rel. Dollard v. Board County CommissionersSouth Dakota Supreme Court · 1890
  4. State ex rel. Dakota Central Telephone Co. v. City of HuronSouth Dakota Supreme Court · 1909
  5. Custer County Bank v. Custer CountySouth Dakota Supreme Court · 1904

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Dacy v. GorsSouth Dakota Supreme Court · 1991
  2. Chicago, Milwaukee, St. Paul & Pacific Railroad v. Board of Railroad CommissionersSouth Dakota Supreme Court · 1936
  3. C., M., St. P. P.R. Co. v. R.R. Commrs.South Dakota Supreme Court · 1936
  4. Mitchell v. MorganSouth Dakota Supreme Court · 1921
  5. Dacy v. GorsSouth Dakota Supreme Court · 1991

2 more not listed; retrieve them via the Exa API.

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