Tripp v. City of Yankton

Citations

• 10 S.D. 516
• 74 N.W. 447
• 1898 S.D. LEXIS 30

Syllabus

<p>1. Comp. Laws, l 4937, providing that “;iny pleading ma,y be onee amended by the party of course,” etc., does not authorize a second amendment without leave.</p> <p>2. A right to amend as of course, after answer served, is waived by án application for leave to amend.</p> <p>s. A cause of action to enjoin a sale of lots for special taxes, and one for damages caused by street improvements, may be united in the same complaint, as they arise out of “injuries to property” occasioned by “transactions connected with the same subject of action,” within Comp. Laws, ? 4932.</p> <p>4. Const. Art. 10, § 1, requiring the legislature to provide by general law for the organization of cities, and Laws 1890, Chap. 37, providing for a system by which cities may surrender their charters and organize under a general law as provided therein, do not repeal the special charter of a city failing to organize under such law.</p> <p>5. Yankton’S charter, authorizing special assessments, is not unconstitutional, as taking property without due process of law,” for want of a provision for notice to property owners, as such provision may be made by ordinances as authorized by the charter.</p> <p>6. An ordinance assessing plaintiff’s lot the same amount per front foot for building a sidewalk as is assessed against an adjacent lot is not repugnant to the Constitution requiring equality of taxation, where both lots have the same number of feet abutting on the street, though the adjacent lot is twice as deep.</p>