Legal Opinion

Tripp v. City of Yankton

South Dakota Supreme Court

Decided December 21, 1898PublishedCited by 1 opinion

Appeal from circuit court, Yankton county, Hon. E. G-. Smith, Judge. On rehearing. Action to cancel a special tax. Defendant had judgment and plaintiff appealed. In an opinion reported in 10 S. D. 516, 74 N. W. 447,- the judgment was reversed.

1Opinion of the CourtFuller, J.

In our former decision 10 S. D. 516, 74 N.

W. 447 this case, now before us on rehearing, was reversed for the sole reason that the trial court erroneously held on demurrer that several causes of action were improperly united in appellant’s second amended complaint. After a jury was sworn to try the cause, appellant asked and obtained leave of court to add to his first cause of action — the object of which was to restrain a sale of his premises to satisfy a special sidewalk assessment — a paragraph relating to damages occasioned in the year 1896 by changing the surface of the ground for the…

2Cases cited2 opinions

  1. Schaetzel v. City of HuronSouth Dakota Supreme Court · 1894
  2. Tripp v. City of YanktonSouth Dakota Supreme Court · 1898

3Cited by1 opinion

  1. Cooke v. McQuatersSouth Dakota Supreme Court · 1905

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