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CITY OF HURON v. JELGERHUIS

No. 9739.

97 N.W.2d 314 (1959)

CITY OF HURON, a Municipal Corporation, Plaintiff and Respondent, v. W. JELGERHUIS, Defendant and Appellant.

Supreme Court of South Dakota.

Rehearing Denied July 30, 1959.

Attorney(s) appearing for the Case

Temmey & Luby, Huron, for defendant and appellant.

R. M. Russell, Huron, for plaintiff and respondent.

BIEGELMEIER, Judge.

The plaintiff commenced this action under SDC 37.40, by the filing and service of a petition with a resolution attached and a summons, for the purpose of taking and acquiring a lot in Huron, South Dakota, for municipal street and highway purposes. The defendant served and filed an answer and the parties waived a trial by jury and agreed to try the issues to the court. The trial court entered findings of fact and conclusions of law and a judgment...

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