FOSS v. SPITZNAGEL

No. 9762.

97 N.W.2d 856 (1959)

Henry FOSS, Plaintiff and Appellant, v. Harold SPITZNAGEL and Fay Wheeldon, Bert T. Yeager and John Browning, as Mayor and Commissioners of the City of Sioux Falls, a Municipal Corporation, and as Individuals, Defendants and Respondents.

Supreme Court of South Dakota.

July 23, 1959.


Attorney(s) appearing for the Case

James O. Berdahl, Sioux Falls, for plaintiff and appellant.

Stordahl, May & Boe, Sioux Falls, for Harold Spitznagel.

Robert S. Golden, John E. Burke, Sioux Falls, for Fay Wheeldon, Bert T. Yeager, and John Browning, as Mayor and Commissioners of the City of Sioux Falls.

Claude A. Hamilton and Thomas J. Barron, Sioux Falls, for Fay Wheeldon, Bert T. Yeager, and John Browning, Individually.


BIEGELMEIER, Judge.

The amended complaint in this action states that the plaintiff was a taxpayer of Sioux Falls, South Dakota; that he brought the action for and on behalf of himself and all other taxpayers; that three of the defendants were the city commissioners thereof and as such had control of a fund known as the "Auditorium Building Fund", which fund was created by Ch. 488 of the South Dakota Session Laws of 1953; that by a resolution of May 9, 1955, said defendants...

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