Legal Opinion
City of Centerville v. Gayken
South Dakota Supreme Court
Decided October 3, 1905PublishedCited by 4 opinions
Appeal from Circuit Court, Lincoln County. Hon. E. G. SMITH, Judge. Action by the City of Centerville against George B. Gayken. Demurrer to the complaint was overruled, and defendant appeals.
1Opinion of the CourtFuller, P. J.
'Ultimate facts sufficient to justify overruling a demurrer to the complaint in this action to abate a liquor nuisance by means of an injunction may be stated as follows: At all times essential to the questions of law presented there was in force in the city of Centerville an ordinance authorizing the granting of a permit to sell intoxicating liquors within corporate limits, as follows:
"Section i. It shall be unlawful for any person, firm or corporation to sell, keep for sale or give away within the corporate limits of the city of Centerville any spirituous, malt, brewed, ferm.ented or vinous…
2Cases cited1 opinion
- Town of Britton v. GuySouth Dakota Supreme Court · 1904
3Cited by4 opinions
- Whitesides v. Council of CheyenneWyoming Supreme Court · 1957
- State Ex Rel. Billado v. Control CommissionersSupreme Court of Vermont · 1946
- Pinzino v. Supervisor of Liquor ControlSupreme Court of Missouri · 1960
- State ex rel. Garrett v. RandallSupreme Court of Missouri · 1975