City of Sioux Falls v. Mansors

POLLEY, J., This cause is before us on application for a rehearing. The opinion of the court is reported in 168 N. W. 751. Counsel for respondents, in their petition for a rehearing, call our attention to a provision found in section 25, c. 191, Laws 1907, as amended by section 12, c. 176, Laws 1909,- and as further amended by section 1, c. 151, Laws 1915. This provision reads as follows:

“In actions prosecuted1 by the city attorney for the violation of city ordinances or of offenses arising under the city charter, if unsuccessful, the -city shall pay all costs.”

[1] Under the above provisions…