Legal Opinion · Dissent

City of Sioux Falls v. Wearham

South Dakota Supreme Court

Decided December 12, 1922No. File No. 5153Published

1DissentSmith, J.

I think the words "exclusive original jurisdiction” in section 23, art. 3, Const., mean exactly what they import, viz: That police courts are given exclusive original jurisdiction in all -cases arising under city ordinances, and all other courts are thereby deprived o-f original jurisdiction in such cases. But I cannot concur in the view that that section deprives the Legislature of power to provide for appeals and new trials .in the circuit court. The right of appeal is wholly statutory, and the authority of the Legislature in that regard is nowhere limited by any provision of the…

2Cases cited1 opinion

  1. City of Sioux Falls v. WearhamSouth Dakota Supreme Court · 1922

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