Cumins v. Lawrence County

Citations

• 1 S.D. 158
• 46 N.W. 182
• 1890 S.D. LEXIS 23

Syllabus

<p>1. An answer alleging- that defendant has no knowledge of information of a fact sufficient to form a belief as to whether the allegations of the complaint are true or not, is not, strictly speaking, a denial of any fact alleged. But the statute has authorized this form of a denial; and, when properly set up in an answer, it forms a complete issue. A denial in this form is deemed a sufficient defense to require the plaintiff to prove his case.</p> <p>2. Had the organic act of Dakota Territory limited the amount of the annual tax to a fixed sum or rate on each dollar of assessable property, that county authorities could levy, then bonds issued in excess of such limitation might be void even in the hands ol bona fide, holders. Not so, however, with a legislative restriction or limitation. The same power which limits or restricts can remove or suspend the restriction or limitation in any given case.</p> <p>3. In pleading- a fraudulent issue of bonds, it is not sufficient to do so in general terms. Specific facts constituting the presumption .of fraud must be alleged.</p> <p>4. If the pleader desires to show a partial want of consideration for any or all of the bonds which are the subject-matter of the suit, he must allege and prove the particular part claimed to be without consideration.</p> <p>(Syllabus by the court.</p>