Lee v. Town of Mellette

Citations

• 15 S.D. 586
• 90 N.W. 855
• 1902 S.D. LEXIS 48

Syllabus

<p>1. Inasmuch, as Comp. Laws, §§ 1022-1094, relative to incorporated towns, do not expressly give a town authority to assess the cost of laying water mains against the abutting property, and an implication of such authority is repelled by the fact that such assessments for other improvements are expressly authorized, together with the fact that no power to tax exists independent of statute, a town has no authority to assess abutting property for laying mains.</p> <p>2. Comp. Laws, § 4912, provides that a defendant may demur to the complaint when it shows on its face that causes of action have been improperly united, and section 4913 provides that failure to demur to such defect shall be a waiver of the same. Held, that, in a suit by two abutting owners to restrain a special assessment, failure to demur on the ground that two causes were united in one complaint waived the objection.</p> <p>3. Where a city was totally wanting in authority to levy a certain special assessment, relief by injunction was proper.</p>