Van Antwerp v. Dell Rapids Township

Citations

• 3 S.D. 305
• 53 N.W. 82
• 1892 S.D. LEXIS 72

Syllabus

<p>1. The incidental powers of a corporation are such as are implied because necessary to carry out some general purpose of the corporation.</p> <p>2. Such powers or means, to be so impliedly authorized, must be not only convenient, but practically indispensable.</p> <p>3. The township board of supervisors has no implied power to contract for the resurvey of the section-line roads in the township, the statute having, it seems, made other adequate provision for such resurvey.</p> <p>4. There being no necessity for the exercise of such powers by the township supervisors, they cannot be implied.</p> <p>5. If the possession or the right to exercise any corporate power is in doubt, the doubt prevails, and the power is denied.</p> <p>(Syllabus by the Court.</p>