Reports of Cases Decided in the Supreme Court of the State of South Dakota Volume 10

Reports of Cases Decided in the Supreme Court of the State of South Dakota Volume 10

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1898 edition. Excerpt: ...we shall notice is that the court erred in allowing interest on these warrants from the date of their presentation and registration. In this, we think, the court ruled correctly. The warrants were payable upon presentation for payment; and, payment being refused for want of funds, the holder was thereafter entitled to interest, under the provisions of Sections 3721, 4746, Comp. Laws, until the treasurer set apart funds to pay them, as provided by Section 1674, Comp. Laws. This and the preceding section clearly assume that such warrants bear interest after presentation and registration. This brings us to the consideration of the important question in this case, namely: Was it competent for the plaintiff and intervener to show that certain bonds and warrants, issued by the city prior to the issuance of the warrants in controversy in this action, were illegal and void? Appellants contend that evidence tending to prove that these bonds and warrants were issued for an illegal purpose, and were therefore void, is in the nature of a collateral attack; and the determination of that question by the court would be determining the validity of ob ligations held by persons not parties to this action. The respondents contend that such determination in this' action cannot bind parties who are not before the court. They further insist that, these illegal bonds and warrants being' set up in the answer for the purpose of defeating their valid 'and legal warrants, they must necessarily have the right to prove such bonds and warrants illegal and void, and that they therefore constitute no indebtedness of the city as against them. The question seems to be a new one, as neither party has been able to cite any authorities upon the question, more

Product details

  • Paperback | 250 pages
  • 189 x 246 x 13mm | 454g
  • United States
  • English
  • black & white illustrations
  • 1236818792
  • 9781236818799