Tuntland v. Noble
South Dakota Supreme Court
Appeal from Circuit Court, Turner County. Hon. Robert B. Tripp, Judge. Action by O. Tuntland- against N. Noble, as Mayor of the City of Centerville,- and others, to contest a city election involving the issuance of a license for sale of intoxicating liquors- at retail. From a judgment sustaining a general demurrer to the complaint, plaintiff appeals.
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Appeal from Circuit Court, Turner County. Hon. Robert B. Tripp, Judge. Action by O. Tuntland- against N. Noble, as Mayor of the City of Centerville,- and others, to contest a city election involving the issuance of a license for sale of intoxicating liquors- at retail. From a judgment sustaining a general demurrer to the complaint, plaintiff appeals. The proposition to -sell intoxicating liquors -at retail was submitted to the electors of the said city of Centerville at the 1912 annual municipal election. It was not submitted upon a separate ballot, containing certain words, as required by…
1Opinion of the CourtWhiting, J.
At the annual election in and for the city of Centerville, the question of permitting the sale of intoxicating liquors at retail was voted upon. The canvassing board declared the majority of the ballots to have been cast in favor of permitting such sale. Appellant brought this action in the circuit court to contest the result of said election as so declared, and, for grounds of contest, while admitting that the majority of the ballots- as cast were in favor of the sale of liquor, alleged that all the ballots cast at such election were invalid, and should not have been counted, for the reason…
2Cases cited10 opinions
- Parvin v. WimbergIndiana Supreme Court · 1892
- Jones v. StateIndiana Supreme Court · 1899
- Gomez v. TimonCourt of Appeals of Texas · 1910
- Perry v. HackneyNorth Dakota Supreme Court · 1902
- Horsefall v. School DistrictMissouri Court of Appeals · 1910
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Brown v. Dakota Public Service Co.South Dakota Supreme Court · 1941
- Browning v. GrayTennessee Supreme Court · 1916
- Olson v. City of LemmonSouth Dakota Supreme Court · 1914
- Fullerton v. SmizerSouth Dakota Supreme Court · 1927
- Territory ex rel. Sulzer v. Canvassing BoardDistrict Court, D. Alaska · 1917
3 more not listed; retrieve them via the Exa API.