Narregang v. Brown County
South Dakota Supreme Court
Appeal from circuit court, Brown county, Hon. A. W. Campb®i,l, Judge. Action by Spencer W. Narregang against Brown county and John A. Fylpaa, as county treasurer, and another. From a judgment in favor of defendants, and from an order denying a new trial, plaintiff appeals. The facts are stated in the opinion. Where the validity of a law is challenged it is the duty of the court to determine the question by an inspection of the journals of the legislature.
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Appeal from circuit court, Brown county, Hon. A. W. Campb®i,l, Judge. Action by Spencer W. Narregang against Brown county and John A. Fylpaa, as county treasurer, and another. From a judgment in favor of defendants, and from an order denying a new trial, plaintiff appeals. The facts are stated in the opinion. Where the validity of a law is challenged it is the duty of the court to determine the question by an inspection of the journals of the legislature. Callaghan v. Chipman, 26 N. Y. 806; Brewer v. Mayor, 9 S. W. 166; People v. McElroy, 40 N. W. 750; Rode v. Phelps, 45 N. W. 493; Currie v.…
1Opinion of the CourtCorson, J.
This action was brought to quiet title to certain lots in the city of Aberdeen, and to certain quarter sections of land in Brown county, claimed by the plaintiff. The defendants in their answer admitted that the plaintiff was the owner of the property described in the complaint, and that the defendant Brown county claimed an interest in or lien upon said property, and averred the same had been assessed for taxes for the years 1892 to 1897, inclusive, and that, said taxes not being paid, the property was sold, as provided by law, to satisfy the taxes levied thereon, and that the *360property was…
2Cases cited15 opinions
- Field v. ClarkSupreme Court of the United States · 1892
- Brodnax v. GroomSupreme Court of North Carolina · 1870
- Sherman v. StoryCalifornia Supreme Court · 1866
- Evans v. BrowneIndiana Supreme Court · 1869
- State ex rel. Reed v. JonesWashington Supreme Court · 1893
10 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Elfring v. PatersonSouth Dakota Supreme Court · 1939
- Allen v. StateArizona Supreme Court · 1913
- State ex rel. Lavin v. BaconSouth Dakota Supreme Court · 1901
- Barnsdall Refining Corp. v. WelshSouth Dakota Supreme Court · 1936
- Krakowski v. WaskeySouth Dakota Supreme Court · 1914
8 more not listed; retrieve them via the Exa API.