McGuire v. City of Rapid City
Supreme Court Of The Territory Of Dakota
APPEAL from the district court, Pennington county; Hon. Chas. M. Thomas, Judge. The court erred in admitting in evidence the certificate of the engineer. Butler v. Tucker, 24 Wend. 447; Smith v. Brady, 17 N. T. 173; H. S. v. Robeson, 9 Pet. 319 ; Stewart v. Keteltas, 36 N. T. 388; Wyckoff v. Myers, 44 id. 143; Bliss, Code PI.,. §§301-2; Pom., §§ 517, 524, 554; Johnson v. Moss, 45 Cal. 515; 1 Gr.
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APPEAL from the district court, Pennington county; Hon. Chas. M. Thomas, Judge. The court erred in admitting in evidence the certificate of the engineer. Butler v. Tucker, 24 Wend. 447; Smith v. Brady, 17 N. T. 173; H. S. v. Robeson, 9 Pet. 319 ; Stewart v. Keteltas, 36 N. T. 388; Wyckoff v. Myers, 44 id. 143; Bliss, Code PI.,. §§301-2; Pom., §§ 517, 524, 554; Johnson v. Moss, 45 Cal. 515; 1 Gr. Ev., § 58; Stone v. Knowlton, 3 Wend. 374; Snell v. Moses, 1 Johns. 96 ; Crawford v. Morrell, 8 id. 253 ; Saxton v. Johnston, 10 id. 418; Lowen v. Winters, 7 Cow. 263; Whittaker y. Smith, 4 Pick. 83;…
1Opinion of the Court
Tripp, C. ó.
This is an action brought by the plaintiff to recover a balance alleged to be due him from the defendant city for labor and expenses performed and incurred in changing the channel of Rapid creek, where it passes through said city, in accordance with an alleged contract made with the officers of said city. *350Plaintiff alleges that by tbe terms of said contract he was to be paid the sum of $8,500, of which $5,000 only has been paid, leaving still due and unpaid the sum of $3,500. The defendant alleges that the contract upon which the plaintiff seeks to recover was without the power of…
2Cases cited4 opinions
- Stewart Howell v. . KeteltasNew York Court of Appeals · 1867
- Wyckoff v. . MeyersNew York Court of Appeals · 1870
- Omaha v. HammondSupreme Court of the United States · 1877
- National Tube-Works Co. v. City of ChamberlainSupreme Court Of The Territory Of Dakota · 1888
3Cited by15 opinions
- State Highway Department v. MacDougald Construction Co.Supreme Court of Georgia · 1939
- Megarry Bros. v. City of St. ThomasNorth Dakota Supreme Court · 1954
- Martindale v. Town of RochesterIndiana Supreme Court · 1908
- Northwestern Sheet & Iron Works v. County of SiouxNorth Dakota Supreme Court · 1949
- Kramer v. City of Los AngelesCalifornia Supreme Court · 1905
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