Lyman County v. Board of Commissioners

Citations

• 14 S.D. 341
• 85 N.W. 597
• 1901 S.D. LEXIS 23

Syllabus

<p>1. Since Comp. Laws, § 610, authorizing the state’s attorney to appeal to the circiut court from the action of the county commissioners on claims against the county when seven taxpayers of the county demand it does not require that such demand shall recite that those who sign it are taxpayers, it will be presumed, in the absence of proof to the contrary that persons signing such demand are taxpayers of the county.</p> <p>2. Where an appeal is taken by a state’s attorney under Comp. Laws, § 610, the cause should be docketed in the circuit court in the name of the claimant against the county, and not in the name of the county against the commissioners.</p> <p>3. Where an appeal is taken by a state’s attorney under Comp. Laws, § 610, notice of such appeal must be served on the claimant, in order to give the court jurisdiction, though section 611, requiring such notice to be served on the county commissioners, does not expressly require it.</p>