Heffleman v. Pennington County

Citations

• 3 S.D. 162
• 52 N.W. 851
• 1892 S.D. LEXIS 53

Syllabus

<p>1. The effect of affixing the corporate seal to a contract Is the same as when an individual affixes his seal. It makes the instrument a specialty.</p> <p>2. Section 603, Comp. Laws, requires the seal of the county to be attached to every county warrant. This makes such warrant a “sealed instrument,” within the meaning of section 4849, Comp. Laws, providing that actions on “sealed instruments” shall be brought within 20 years.</p> <p>3. An ordinary county warrant on the general fund, regularly issued, constitutes a prima facie cause of action against the county, and an action may be brought directly on such warrant.</p> <p>4. Where such warrant is in form payable to bearer, its possession and presentation by plaintiff at the trial is prima facie evidence of plaintiff’s ownership, even though such ownership is denied In defendant’s answer.</p> <p>(Syllabus by the Court.</p>