Board of Education v. Prior

Citations

• 11 S.D. 292
• 77 N.W. 106
• 1898 S.D. LEXIS 116

Syllabus

<p>1. In an action under Laws 1891, chapter 94 providing the method by wbic.h a jury shall assess compensation for private property taken for public use, where there are no adverse claimants the amount of compensation is the only issue.</p> <p>2. Where plaintiff alleges that it is a corporation, its corporate existance is not put in issue, under Comp. Laws, \\ 2908, by defendant’s denial of such corporate existence on information and belief.</p> <p>3. A denial, by defendant in condemnation, of an allegation in the petition that the parties could not agree on the compensation to be paid, in the language of the petition, extends, not to the substance, but to the form, merely; and the truth of the allegation stands uncontroverted, and need not be proven.</p>