City of Chamberlain v. Putnam

Citations

• 10 S.D. 360
• 73 N.W. 201
• 1897 S.D. LEXIS 75

Syllabus

<p>1. Where the record transmitted by a justice to the circuit court on appeal on questions of law only contains a statement of the case indorsed “Filed and allowed,” etc., it will be presumed, in the absence of a contrary showing, that it was adopted after notice to the adverse party, as required by Comp. Laws, § 6130.</p> <p>2. In such connection, “allowed” will be treated as the equivalent of “adopted,” the language of the statute.</p> <p>3. On appeal to the circuit court on questions of law only, a statement of the case filed with and adopted by the justice after notice to the adverse party (Comp. Laws, § 6130) is jurisdictional; and hence only such questions as are presented by it can be considered on further appeal to the supreme court.</p> <p>4. Act Cong. March 2, 1889 (25 Stat. 897), donated to the city of Chamberlain an island in the Missouri River, outside its corporate limits, conditioned on acceptance and use solely for park purposes. The act provided that the city should have authority to adopt all proper rules and regulations for the improvement and care of said park.” Held, that the donation and its acceptance did not extend the established boundaries of the city so as to authorize it to prosecute for violation of ordinance on the island.</p>