State v. Ruth

Citations

• 9 S.D. 84
• 68 N.W. 189
• 1896 S.D. LEXIS 116

Syllabus

<p>1. An officer who, without legal excuse, fails to perform a ministerial duty, is liable for the proximate results of his failure to any person to whom he owes performance of such duty.</p> <p>2. The commissioner of school and public lands is not liable for delay in distributing the public school income fund to the various public schools entitled thereto, where it does not appear that the schools sustained any loss by the delay.</p> <p>3. The commissioner of school and public lands is liable for failure to make, at the time required by law, an estimate of the permanent school fund, and notify the county auditors thereof; thereby causing the funds to remain uninvested, and a consequent loss of interest. If the loss of interest was not caused by failure to make such estimate, the commissioner is liable for at least nominal damages.</p> <p>4. The commissioner of school and public lands is not liable for failing to distribute among' the counties entitled thereto, within the time required by law, certain funds, which were afterwards lost through the defalcation of the state treasurer.</p>