Reports of Cases Decided in the Supreme Court of the State of South Dakota, Volume 28Carter Publishing Company, 1912 - Court rules |
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Page 9
... entered upon and appropriated to public use , without complying with the law , the owner may waive the tort and sue for his just compensation . The same rule applies where 1911. ] 9 FAULK v . RAILWAY COMPANY , et al .
... entered upon and appropriated to public use , without complying with the law , the owner may waive the tort and sue for his just compensation . The same rule applies where 1911. ] 9 FAULK v . RAILWAY COMPANY , et al .
Page 13
... rule seems to be established upon the principle that the present railway company is no more entitled to occupy and use the premises without pay- ing for the same , than was its predecessor . Its use of the pre- mises is therefore ...
... rule seems to be established upon the principle that the present railway company is no more entitled to occupy and use the premises without pay- ing for the same , than was its predecessor . Its use of the pre- mises is therefore ...
Page 17
... rule as though the corporation itself had begun a con- demnation preceeding at the date of the beginning of this action . Such a rule of compensation would be equally just to both cor- poration and property owner , because at all times ...
... rule as though the corporation itself had begun a con- demnation preceeding at the date of the beginning of this action . Such a rule of compensation would be equally just to both cor- poration and property owner , because at all times ...
Page 24
... rule of damages claimed by plaintiff , namely , the present value of the land , would , in case of the depreciation of the property after the appropriation , work manifest injustice to the landowner . " As stated before , this is not an ...
... rule of damages claimed by plaintiff , namely , the present value of the land , would , in case of the depreciation of the property after the appropriation , work manifest injustice to the landowner . " As stated before , this is not an ...
Page 29
... rule and the var- ious state statutes upon the rights of stockholders and duties of the various corporation officers , and scope of the mandamus procedure at common law and in the different states . The case of Slemmons v . Thompson ...
... rule and the var- ious state statutes upon the rights of stockholders and duties of the various corporation officers , and scope of the mandamus procedure at common law and in the different states . The case of Slemmons v . Thompson ...
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Common terms and phrases
acre affidavit affirmed agent agreement alleged amount Appeal from Circuit appellant's assigned authority bank Beadle county Branch Mint cause of action charge circuit court civil township claim Code commenced complaint constitute contended contract corporation court of equity damages decision decree deed defendant's demurrer district eminent domain entitled error evidence fact favor fendant glandered ground held horses instruction interest issue Judge judgment jurisdiction jury land lease lessee license lien ment Minnehaha County mortgage motion negligence notes notice objection Opinion filed order denying overruling owner paid party payment Pennington County person plaintiff pleaded possession premises provides purchase question quiet title railroad real property reason received record recover respondent reversed rule sewer South Dakota statute sufficient supra survey sustained testified therein thereof thereto tion township transaction trial court verdict votes Whitehouse witness
Popular passages
Page 493 - The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens.
Page 235 - THIS INDENTURE, made this day of , in the year One thousand, nine hundred and , between of , the party of the first part...
Page 697 - The detriment caused by the breach of an agreement to purchase an estate in real property, is deemed to be the excess, if any, of the amount which would have been due to the seller, under the contract, over the value of the property to him.
Page 35 - ... road or street, under a penalty of fifty dollars for every neglect, to be paid by the corporation owning the railroad...
Page 591 - ... the applicants, and they shall be at liberty to obtain the same at the most reasonable rates, and they shall also be at liberty to employ any United States Deputy Surveyor to make the survey.
Page 541 - When any of the matters enumerated in section forty do not appear upon the face of the complaint, the objection may be taken by answer. SEC. 45. If no such objection be taken, either by demurrer or answer, the defendant shall be deemed to have waived the same, excepting only the objection to the jurisdiction of the court, and the objection that the complaint does not state facts sufficient to constitute a cause of action.
Page 92 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Page 149 - An indorsee in due course is one who, in good faith, in the ordinary course of business, and for value, before its apparent maturity or presumptive dishonor, and without knowledge of its actual dishonor, acquires a negotiable instrument duly indorsed to him, or indorsed generally, or payable to the bearer.
Page 32 - This is an action to recover for personal injuries alleged to have been caused by the negligent operation of one of the defendant's engines.
Page 17 - Private property shall not be taken for public use, or damaged, without just compensation as determined by a jury, which shall be paid as soon as it can be ascertained and before possession is taken.