Reports of Cases Decided in the Supreme Court of the State of South Dakota Volume 32

Reports of Cases Decided in the Supreme Court of the State of South Dakota Volume 32

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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. 1914 edition. Excerpt: ... 62, 5th Ed.; Forsyth v. Hammond, 166 U. S. 506 41 L. Ed. 1095. Where the Legislature is prohibited by the Constitution, from passing any special laws creating a municipal corporation, the fixing of the boundaries of a municipality ceases to be a legislative function. People v. Ontario, 148 Cal. 625, 84 Pac. 205; Sec. 23, Art. 3, Constitution. _ WHlITING, P.. The appeals in these four actions presenting but one and the same question, they were all submitted upon the briefs in the first action under stipulations providing that, subject to the approval of this court, the decision in the first action should be controlling in all. Plaintiffs having, under section 1509, Pol. Code, petitioned defendant's council praying for orders disconnecting and excluding certain tracts of land from the corporate limits of said city, and their petitions having been denied, proceeded, under section 1511, Pol. Code, to submit their demands upon proper petitions to the circuit court of the county wherein defendant city is situated. Defendant, answering each of such petitions, pleaded that the resolution of defendant's council denying plaintiffs' petition had been referred to a vote of the electors of defendant city under the provisions of sections 1214-1228, Pol. Code, and that the action of said council in passing such resolution had been sustained by said electors. The trial court found the facts such as to entitle petitioners to the relief asked for and granted them such relief, although it also found that the several resolutions had been submitted to a vote of the electors and that such electors had voted to sustain the same. The defendant appealed all four causes. I It isithe contention of appellant that-the power conferred upon city more

Product details

  • Paperback | 284 pages
  • 189 x 246 x 15mm | 513g
  • United States
  • English
  • black & white illustrations
  • 1236880498
  • 9781236880499