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Carr v. Wakonda Independent Consolidated District No. 2

Carr v. Wakonda Indep. Consol. Dist. No. 2, 178 N.W. 881 (S.D. 1920)
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Court
South Dakota Supreme Court · State Highest Courts
Decided
July 27, 1920
Docket
No. File No. 4734
Judges
Gates, Iting
Citations
178 N.W. 88143 S.D. 2221920 S.D. LEXIS 88
Disposition
Reversed.
Summary
Election contest, by John ‘M. Carr, against Wakonda Independent Consolidated .School District No. 1 of Clay County, South Dakota, and W. O. Knight and others comprising the Board of Education of said School District, involving the legality of the organization of said district, and other issues. From a judgment dismissing the contest, and from an order denying a new trial, plaintiff appeals.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Gates

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GATES, J.

This is an election contest involving, among other things, the legality of the attempted organization of Wakonda independent consolidated school district. It appearing from the record that the proceedings for consolidation were begun *223 in the month of May, 1919, prior to the taking effect of chapter 170, Caws 1919, this cause is governed by the decision in Hodges v. Snyder, 178 N. W. 575 .

For the reasons specified in the opinion in that case, the judgment and order appealed from are reversed.

Dissent — Iting

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WH'ITING, J.

(dissenting.) -For my grounds of dissent, see my dissenting opinion in Hodges v. Snyder.

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Authorities cited 1

DepthCaseCited by
Hodges v. Snyder, 178 N.W. 575 (S.D. 1920) 26

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