Randall v. Burk Twp.

Citations

• 11 S.D. 40
• 75 N.W. 276
• 1898 S.D. LEXIS 68

Syllabus

<p>In an action to enjoin the opening of roads and the assessment of real estate according to section lines, where a defendant township entered into a stipulation limiting the issues to the question whether a survey locating such lines conformed to government lines, and waiving objections to the pleadings, it was not an abuse of discretion for the court, on a second trial, to permit it to show that, since becoming a party to the stipulation, nearly all the property owners within it had recognized such survey as correct, and that the highways and property rights of persons not parties to the suit had been adjusted on the basis thereof, and for such reasons to release it from the stipulation; at the same time permitting plaintiff to amend without terms.</p>