South Dakota Supreme Court, 1926

Goetz v. Gurney

South Dakota Supreme Court · Decided September 30, 1926 · Dillon, Urch

50 S.D. 337; 210 N.W. 155; 1926 S.D. LEXIS 373

Cases that cite this one

1 later published case cites this decision.

Patrick v. Blake (S.D. 1945)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

B/URCH. C.

Plaintiff, as a taxpayer, sued for a writ of prohibition against members Of the park board of the city of Yank-ton. The defendants compose such park board. The city commission appropriated $1,300 to build a swimming pool in one of the .city parks, and placed the money to the disposal of the board. The board were proceeding to construct the swimming pool and to' ex*338pend1 such money without first advertising for bids, preliminary to letting a contract for such construction. Plaintiff obtained an alternative writ of prohibition. Defendants moved for an order quashing the writ, which was allowed. From the order quashing the writ, plaintiff appeals.

Without any assignment of error, appellant proceeds to argue the applicability of section 6347, R. C. 1919, to expenditures made by a park board. Without an assignment of error, there is nothing before this court for its consideration.

The order appealed from- is affirmed.

DILLON, J., not sitting.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.