2 S.D. 414 | S.D. | 1892
This is an action by injunction for the purpose of enjoining and restraining the defendant from moving a certain frame school house. Upon the hearing, the court found certain findings of fact and conclusions of law, and granted the injunction as prayed for. To the granting of this injunction the appeal is taken. The facts as found by the court below are admitted to be true. Exceptions were taken to all the conclusions of law. Numerous assignments of error are presented for our consideration. The conclusions of law as found by the court, and the assignments of error by the appellant, raise but two questions for determination: (1) Has the plaintiff such an interest in the subject-matter of the suit as enables him to maintain this action? (2) Do the facts alleged in the complaint, admitted in the answer and found by the court, entitle him to the relief demanded?
As to the first question, the appellant insists that the plaintiff cannot maintain the action, for the facts show that has no interest in it which is not common with all resident freeholders, tax payers, and patrons of subdivision No. 2, even if subdistrict No. 5 exists. His injury, if any, is no different from that of all others of that subdistrict. The facts upon which plain
Even before the principles enunciated by the eminent jurists, above quoted, were announced, the elementary rule in equity pleading, that every person who is interested in the event of a suit or necessary to the relief must be made a party in order to enable the court to settle the rights of all, was dispensed with in numerous actions, when it was inconvenient, difficult, or impracticable, on account of the number or situation of the parties, to unite them in one action. Illustrations sustaining this departure are given by Judge Story in his work on Equity Pleading, (Sections 97, 98, 107, 124, 168, 285.)
In the case before us, it can hardly be said that the plaintiff has a joint and common interest with the balance of the
Do the facts alleged in the complaint, admitted in the answer, and found by the court entitle the plaintiff to the relief demanded? The prayer of the complaint is “that the defendant be restrained from removing or attempting to remove said school house from its present site, or in any manner interfering