Fall River County v. Powell

Citations

• 5 S.D. 49
• 58 N.W. 7
• 1894 S.D. LEXIS 31

Syllabus

<p>1. It is not indispensable that a settlement or locality to be selected as “the place of the county seat” shall have definite and exact topographical boundaries.</p> <p>2. A particular set dement known as “I-Iot Springs” may be selected as “the place of the county seat,” although it may be at the time unplatted, and have no fixed and definite exterior boundaries.</p> <p>3. Where a part of the locality or territory occupied by a settlement theretofore known as “Hot Springs” is, prior to the election of a county seat, platted and named thereon “Hot Springs,” and such election results in the selection by the electors of Hot Springs as the county seat, it is a question of fact, depending upon the understanding and intention of the voters, whether the place theretofore generally known as “Hot Springs” or the territory platted as “Hot Springs” is selected as the county seat.</p> <p>4. In such case, where the finding of the trial court is well supported hy the evidence, such finding will be accepted as correct by this court.</p> <p>(Syllabus by the Court.</p>