Fordham School Township v. Darlington School Township

Citations

• 6 S.D. 489
• 61 N.W. 1128
• 1895 S.D. LEXIS 138

Syllabus

<p>1. A complaint which states that plaintiff is, and for a number of years has been, a duly-organized school township, and that, as such township, it incurred indebtedness, which is unpaid; that, after the incurring of such indebtedness, an attempt was made to set off a part of its territory, and erect therefrom a new school township, which attempt was never accomplished, but left the territory so attempted to be set off an undivided part of the plaintiff township, — does not and cannot state a cause of action against the territory so attempted to be segregated, to compel it to pay or provide for the payment of its proportion of such indebtedness of the plaintiff township.</p> <p>2. Upon the facts stated in the complaint, the territory so. unsuccessfully attempted to be set apart has no independent legal existence, could as-assume no individual liability, nor be subject to have separate judg> ment rendered against it.</p> <p>(Syllabus by the Court.</p>