Hodges v. Snyder, 261 U.S. 600 (1923)

Hodges v. Snyder

No. 432

Motion to dismiss or affirm submitted February 26, 1923
Decided April 9, 1923
261 U.S. 600

ERROR TO THE CIRCUIT COURT OF KINGSBURY COUNTY

NINTH JUDICIAL CIRCUIT OF THE STATE OF SOUTH DAKOTA

Syllabus

1. Where, under the local practice, the original papers sent to the state supreme court as the record on appeal are remitted by that court with copies of its judgment and opinion to a lower court, without retaining a copy of such record, a writ of error from this Court to review the judgment of the state supreme court is properly directed to the lower court in which the record then is found. P. 601.

2. The right of a taxpayer in a decree enjoining the maintenance of an illegal school district and issuance of bonds therefor is not private, but public in character, and its loss through an act of the legislature validating the district but not affecting his right to costs does not deprive him of property without due process of law. P. 601.

45 S.D. 149 affirmed.

Error to review a judgment of the Supreme Court of South Dakota reversing, except as to costs, a decree of the state circuit court (to which the record was remitted), which permanently enjoined the defendants in error from maintaining a consolidated school district and issuing bonds therefor.