Legal Opinion

Phillips v. City of Sioux Falls

South Dakota Supreme Court

Decided July 17, 1894PublishedCited by 1 opinion

Appeal from circuit court, Minnehaha county. Hon. Frank R. Aikéns, Judge. Action by Imogene Phillips and others against the .city of Sioux Falls and others. From a judgment sustaining a demurrer to the complaint, plaintiffs appeal. The facts are stated in the opinion.' The making of the contract with the lowest bidder is a part of a special assessment.

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Appeal from circuit court, Minnehaha county. Hon. Frank R. Aikéns, Judge. Action by Imogene Phillips and others against the .city of Sioux Falls and others. From a judgment sustaining a demurrer to the complaint, plaintiffs appeal. The facts are stated in the opinion.' The making of the contract with the lowest bidder is a part of a special assessment. Reis v. Graff, 51 Cal. 90. When an irregularity occurs in any of the proceedings upon .which a special assessment is to be based, no valid assessment can be based thereon until such irregularity is cured. Dill v. Roberts, Mills v. Carlton, 29…

1Opinion of the CourtFuller, J.

This is an action to restrain and perpetually enjoin the sale of certain real property, situated in the city of Sioux Falls, to satisfy a special assessment for local improvements. From an order sustaining a demurrer to the complaint, plaintiffs appeal, and ask this court to reverse the action of the trial court in dissolving a temporary restraining order granted at the commencement of the suit. As no judgment was entered, counsel for respondents maintain that this court is confined to a consideration of the order sustaining the demurrer, and, as no appeal wTas taken from the order dissolving…

2Cases cited1 opinion

  1. Clark v. Town of NoblesvilleIndiana Supreme Court · 1873

3Cited by1 opinion

  1. Pettigrew v. City of Sioux FallsSouth Dakota Supreme Court · 1894

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