Porter v. Knapp
South Dakota Supreme Court
Appeal from Circuit Court, Roberts County. Hon. Thomas L. Boucic, Judge. Election 'contest, by J. F. Porter, against J. C. Knapp and others, to determine the result of an election in the city of Sis-seto-n, Roberts' County, South Dakota, upon the question of licensing of sale of intoxicating liq.uors. From an order made before the hearing of a motion to confirm the report of referee, refusing to allow same to' intervene, R. C. Shearer appeals.
Read the full summary
Appeal from Circuit Court, Roberts County. Hon. Thomas L. Boucic, Judge. Election 'contest, by J. F. Porter, against J. C. Knapp and others, to determine the result of an election in the city of Sis-seto-n, Roberts' County, South Dakota, upon the question of licensing of sale of intoxicating liq.uors. From an order made before the hearing of a motion to confirm the report of referee, refusing to allow same to' intervene, R. C. Shearer appeals. The petition of intervention, hy R. C. Shearer, alleges among other things, that petitioner is a taxpayer1 in the City of Sisseton; that the answer is…
1Opinion of the CourtWhiting, J.
Trial was had before a referee, the referee’s report filed, and a -day set by the trial court for the hearing of the motion- to confirm such report. Thereafter, and before the hearing of such -report, appellant sought to intervene, and the court made its -order refusing such- intervention. It is from this order that the -present appeal is taken.
Regardless of statutory regulations, good practice -requires that -petitions seeking intervention b-e filed before the trial is entered upon; an-d it seems to be the general rule that a party will not be allowed to intervene between the trial and the…
2Cases cited1 opinion
- Rockwell v. CoffeySupreme Court of Colorado · 1894
3Cited by2 opinions
- Caldwell v. Guardian Trust Co.Court of Appeals for the Eighth Circuit · 1928
- Youngberg v. YoungbergSouth Dakota Supreme Court · 1921