State v. Ruth

Citations

• 14 S.D. 92
• 84 N.W. 394
• 1900 S.D. LEXIS 14

Syllabus

<p>Where in an action by the state against a commissioner of school lands to recover for failure to make certain estimates as to the permanent school fund, precluding its loan and a consequent loss of interest, it is determined on an appeal that the state could not recover more than nominal damages without proof that the rhoney would have been loaned had it not been for the commissioner’s failure to make the -estimate, and a judgment on a new trial is entered pursuant to such decision, on a subsequent appeal the judgment will not be reversed on the theory that the commissioner by failure to distribute the permanent school fund among the several counties which would have been chargeable with interest, caused a loss in interest, for- which he was liable.</p>