Phillips v. City of Sioux Falls

Citations

• 5 S.D. 524
• 59 N.W. 881
• 1894 S.D. LEXIS 95

Syllabus

<p>1. In the absence of further proceedings on the part of plaintiff, a temporary restraining order, granted at the commencement of a suit for a permanent injunction, may be dissolved after a demurrei to the entire complaint has been sustained on the ground that such complaint does not state facts sufficient to constitute a cause of action, for the reason that nothing remains to support an injunction.</p> <p>2. When assailed, the law presumes that public officers, charged with the duty of improving the streets of a city and authorized to levy a tax therefor upon abutting property, have preformed every duty in connection therewith at the proper time and in the proper manner; and a complaint in an action instituted to defeat .the collection of such tax does not state facts sufficient to constitute a cause of action unless it specifies some material act that has been omitted, or some substantial requirement that has not been compiled with.</p> <p>(Syllabus by the court.</p>