14 S.D. 229 | S.D. | 1901
All other issues raised by the pleadings in this cause being eliminated by a stipulation made below and acted upon the controlling point presented by this appeal is whether the trial court was justified in decreeing that certain adjacent territory belongs to the respondent district for the purposes specified in the school laws of this state. In 1887 respondent, with boundaries co-extensive with the limits of the city of Redfield, was organized as a school corporation; and its only claim to the territory in dispute is based upon certain proceedings had during the following year to annex the same pursuant to section 122, chap. 47, Laws, of 1887, which provides that “territory outside the limits of any organized city, town or village, but adjacent thereto may be attached to such city, town or vil- . -i'c for school purposes, upon application to the board of education lj. such city by a majority of the electors of such adjacent territory; and upon such application being made to the board of education they shall, if they deem it proper and to the best interests of the schools of said corporation and the territory seeking to be attached,issue an order attaching such territory to such corporation for school purposes. and to enter the same upon their journal; and such territory shall, from the date of such order, be and compose a part of such corporation for school purposes only, and the taxable property of such adjacent territory shall be subject to taxation, and shall bear its full proportion of all expenses incurred in the erection of school buildings and in maintaining the schools of such corporation.”
That no netition signed by a majority of the electors within this
Appellant also relied upon a decision rendered by the county superintendent on the Ath day of August, 1888, holding that respondent
The fact that the officers of respondent apparently acquiesced for nearly eight years in a void decision of the county superintendent,
The view we have taken of the action of respondent in attaching adjacent territory pursuant to a valid statute, in force when the order was made, and the conclusion we reach concerning all that has subsequently occurred, dispose of every point urged, and render any further consideration of appelant’s assignments of error unnecessary. Within the record there is nothing with which appellant has any legal cause for complaint, and the judgment appealed from is affirmed.