Legal Opinion

State ex rel. Dillman v. Weide

South Dakota Supreme Court

Decided April 2, 1912PublishedCited by 12 opinions

Appeal from Circuit Court, Grant County. Hon. C. X Spward, Judge. Action by the State, on -the relation of J. A. Dillman, to prohibit P. We-ide and others, trustees of town of Revillo, from submitting the question of granting permits for sale of intoxicating liquors to voters at the general municipal election. From ’an order granting a peremptory writ of prohibition against further proceedings, entered upon sustaining a demurrer to defendants’ answer, defendants appeal.

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Appeal from Circuit Court, Grant County. Hon. C. X Spward, Judge. Action by the State, on -the relation of J. A. Dillman, to prohibit P. We-ide and others, trustees of town of Revillo, from submitting the question of granting permits for sale of intoxicating liquors to voters at the general municipal election. From ’an order granting a peremptory writ of prohibition against further proceedings, entered upon sustaining a demurrer to defendants’ answer, defendants appeal. Appellants contend that where a vendee holds lands in good faith under a contract of sale, has possession of the lands, has…

1Opinion of the CourtSmith, J.

Appeal from the circuit court of Grant county. A petition was filed in the office of the clerk of the incorporated town of Revilla, purporting to be signed by 28 qualified voters, requesting the submission at the next general municipal election of the question of granting permits for the sale of intoxicating liquors within the municipality for the then ensuing year. This proceeding was instituted to prohibit the trustees and clerk from submitting said question to the voters as demanded in the petition, and alleging that said officers were without jurisdiction for the reason that the petition…

2Cases cited13 opinions

  1. Richardson v. HardwickSupreme Court of the United States · 1882
  2. Croxall v. ShererdSupreme Court of the United States · 1867
  3. Loventhal v. Home InsuranceSupreme Court of Alabama · 1895
  4. Bowen v. LansingMichigan Supreme Court · 1901
  5. Woodward v. McCollumNorth Dakota Supreme Court · 1907

8 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. New Era Mining Co. v. Dakota Placers, Inc.South Dakota Supreme Court · 1999
  2. Phillis v. GrossSouth Dakota Supreme Court · 1913
  3. State Highway Commission v. MillerSouth Dakota Supreme Court · 1968
  4. Madden v. DunbarNorth Dakota Supreme Court · 1924
  5. In Re Iversen's WillSouth Dakota Supreme Court · 1962

7 more not listed; retrieve them via the Exa API.

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