Legal Opinion

Town of Valley Springs v. Flatt

South Dakota Supreme Court

Decided June 2, 1921No. File No. 4807PublishedCited by 1 opinion

Appeal from Circuit Court, Minnehaha County. Hon John T. Medin, Judge. In an action and prosecution by the town of Valley Springs, a municipal corporation, the defendant, for selling goods as a victed in justice court under an ordinance, for selling goods as a transient merchant without paying a license fee therefor; and upon appeal by him to the circuit court, was there convicted and he appeals.

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Appeal from Circuit Court, Minnehaha County. Hon John T. Medin, Judge. In an action and prosecution by the town of Valley Springs, a municipal corporation, the defendant, for selling goods as a victed in justice court under an ordinance, for selling goods as a transient merchant without paying a license fee therefor; and upon appeal by him to the circuit court, was there convicted and he appeals. (1) Under point one of the opinion, Appellant cited: Laws 1903, Ch. 190, Sec. 1; Secs.. 10420, 19427, Code 1919. Respondent cited: Sec. 10420, Code 1919; City of Dell Rapids v. M-cShane, (S. D.) 156…

1Opinion of the CourtSmith, J.

Appellant was convicted in a justice’s court of Valley Springs, Minnehaha county, of a violation of an ordinance described as Ordinance No. 53, which reads:

“Sec. 1. It shall be unlawful for any person or persons, firm or corporation within the limits of the incorporated town of Valley Springs, South Dakota, to engage in, pursue or transact any business or calling hereinafter named or described, without first having obtained a license therefor and complying with the regulations as hereinafter provided. * * *
“Sec. 4. Transient merchants shall pay a license fee of five dollars ($5.00) per day,…

2Cases cited1 opinion

  1. City of Dell Rapids v. McShaneSouth Dakota Supreme Court · 1916

3Cited by1 opinion

  1. Commonwealth v. RabinovitzSuperior Court of Pennsylvania · 1939

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