Coler v. Sterling

Citations

• 15 S.D. 415
• 89 N.W. 1022
• 1902 S.D. LEXIS 25

Syllabus

<p>1. An instrument directed to the treasurer of a school district, and directing the payment of money at a future time, not being in conformity with Laws Dak. 1879, Chap. 14, §§44, 92, giving a form for school warrants, and not authorizing the issuance of warrants payable in the future, is not a school warrant, and is not receivable for school taxes, under Laws S. D. 1891, Chap. 14, § 80, providing that such warrants shall be so received.</p> <p>2. Under Comp. Laws, § 5535, providing that part 2 of the Code, which includes Chapter 6, which is the statute of limitations, shall be applicable to a proceeding under the chapter which relates to mandamus, etc., a proceeding in mandamus to compel a school treasurer to accept in payment of school taxes an order on such treasurer, not under seal, and payable at a date several years after its issuance, must be commenced within six years of the maturity of the order, under Comp. Laws, § 4850, limiting action on contract to six years, notwithstanding Laws S. D. 1891, Chap. 14, § 80, making school warrants receivable for taxes, which was passed after the former act, does not except warrants barred by limitation.</p> <p>3. Where a bill of exceptions is not filed till after the expiration of the statutory period after the rendition of the judgment, but it does not appear that the time was not extended by the court, as authorized for good cause, or by consent of the adverse party, it will be presumed on appeal that the time was so extended.</p>