Legal Opinion

Ward v. Fletcher

South Dakota Supreme Court

Decided August 8, 1915No. File No. 3848PublishedCited by 22 opinions

Appeal from the 'Circuit Court, Brown County. Hon. Thomas L. Boucic, Judge. Election contest by A. L. Ward and others, against C. C. Fletcher and others, members of the Board of Commissioners of the City of Aberdeen, Brown County, S. D., Ed. M. Hall, Mayor, and H. C. Behrens, member of the Board of Commissioners; involving the question whether intoxicating liquors should be sold at retail. From a judgment for contestees, contestants appeal.

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Appeal from the 'Circuit Court, Brown County. Hon. Thomas L. Boucic, Judge. Election contest by A. L. Ward and others, against C. C. Fletcher and others, members of the Board of Commissioners of the City of Aberdeen, Brown County, S. D., Ed. M. Hall, Mayor, and H. C. Behrens, member of the Board of Commissioners; involving the question whether intoxicating liquors should be sold at retail. From a judgment for contestees, contestants appeal. (1) Under point one of the opinion, Respondent cited: First Nat. Bank of Marshalltown vs. Wright, (la.) 50 N. W. 23; Voorhees v. Arnold, (la.) 78 N. W.…

1Opinion of the CourtWhiting, J.

Contestants and appellants, proceeding under article 13, c. 19, Pol. Code, contested, in the circuit court, the result of a certain city election as declared by the board of canvassers. The judgment of such dourt being adverse to them, they have appealed therefrom to this court. The election in question was held to determine whether intoxicating liquors should be sold at retail in such city.

[1] Section 1997, Pol. Code, being one section of article 13, c. 19, supra, provides for a speedy hearing uptm appeal and that the cause “shall be heard and determined in a summary manner.” The only…

2Cases cited5 opinions

  1. Vallier v. BrakkeSouth Dakota Supreme Court · 1895
  2. Voorhees v. ArnoldSupreme Court of Iowa · 1899
  3. Treat v. MorrisSouth Dakota Supreme Court · 1910
  4. Prenevost v. DelormeSupreme Court of Minnesota · 1915
  5. Church v. WalkerSouth Dakota Supreme Court · 1897

3Cited by22 opinions

  1. Larson v. LockenSouth Dakota Supreme Court · 1978
  2. Duffy v. MortensonSouth Dakota Supreme Court · 1993
  3. McIntyre v. WickSouth Dakota Supreme Court · 1996
  4. Dunn v. GambleSouth Dakota Supreme Court · 1924
  5. Smiley v. ArmstrongSouth Dakota Supreme Court · 1938

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