State ex rel. Morgan v. Lamm
South Dakota Supreme Court
Appeal from circuit court, Codington county. Hon. J. O. Andrews, Judge. Action by the state, on the relation of H. C. Morgan, against Edward Lamm, under the provisions of the prohibitory liquor law. From a refusal to dissolve an injunction granted on the prayer of plaintiff, defendant appeals. The facts are stated in the opinion. The appellate jurisdiction of this court will not be presumed, but must affirmatively appear from the record.
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Appeal from circuit court, Codington county. Hon. J. O. Andrews, Judge. Action by the state, on the relation of H. C. Morgan, against Edward Lamm, under the provisions of the prohibitory liquor law. From a refusal to dissolve an injunction granted on the prayer of plaintiff, defendant appeals. The facts are stated in the opinion. The appellate jurisdiction of this court will not be presumed, but must affirmatively appear from the record. Valley L. & I. Co. v. Schone, 2 S. D. 344; Bank v. Elevator Co., Id. 356. An assignment of error should be so specific and explicit that the court can at…
1Opinion of the CourtCorson, P. J.
This is an appeal from an order refusing to dissolve an injunction granted under the provisions of Sec. 13, Chap. 101, Laws 1890, known as the “Prohibitory Liquor Law. ” A motion to dismiss the appeal was made by the respondent, when the case was called for argument, on the ground that the orde¿ from which the appeal was attempted to be taken had never been entered in the trial court, and the respondent contends that, until so entered, no appeal lies from it to this court. The decision on the motion was reserved, and the case was heard- upon the merits. It will therefore be necessary to first…
2Cases cited1 opinion
- Locke v. HubbardSouth Dakota Supreme Court · 1896
3Cited by14 opinions
- Hahn v. Citizens State BankWyoming Supreme Court · 1918
- Dawson v. PhillipsWest Virginia Supreme Court · 1916
- Martin v. SmithSouth Dakota Supreme Court · 1899
- Stephens v. FausSouth Dakota Supreme Court · 1906
- Mettel v. GalesSouth Dakota Supreme Court · 1900
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