State ex rel. Stephens v. Costello
South Dakota Supreme Court
Appeal from 'Circuit Court, Beadle County. Hon. Ai,va E. Tayuor, Judge. Certiorari by the State, on the relation of R. W. Stephens, against Thomas Costello and others, to bring up a record pertaining to- a liquor license election, and to a petition for permit to sell intoxicating liquors. From a judgment quashing the writ and dismissing the proceedings, the relator appeals. Appellant cited: Section 2857, Fol.
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Appeal from 'Circuit Court, Beadle County. Hon. Ai,va E. Tayuor, Judge. Certiorari by the State, on the relation of R. W. Stephens, against Thomas Costello and others, to bring up a record pertaining to- a liquor license election, and to a petition for permit to sell intoxicating liquors. From a judgment quashing the writ and dismissing the proceedings, the relator appeals. Appellant cited: Section 2857, Fol. Code; Ch. 167, Laws of 1903;.People v. Lawrence, 36 Barb. 177; People v. Van Alstyne, 32 Barb. 131; People v. Tubbs, 59 Barb. 401; Buckley v. Drake, 9 Civ. Proc. R. 336; Barnett v.…
1Opinion of the CourtPolley, J.
The defendants in this action are members of the board of trustees and the clerk of the town of Cavour. At the annual town election, the question, “Shall intoxicating liquors be sold at retail,” was submitted tb the voters of the town. A majority of such voters voted in the affirmative. Thereafter a resident of the town filed an application with the town board asking for a permit to engage in the retail liquor business; also, a petition, purporting to be signed by 23 residents of the town, certifying to' the good character of the applicant and asking that the application be granted. The…
2Cases cited4 opinions
- State ex rel. Hart v. Common CouncilSupreme Court of Minnesota · 1893
- Schwarz v. Superior CourtCalifornia Supreme Court · 1896
- Stumpf v. Board of Supervisors of San Luis Obispo CountyCalifornia Supreme Court · 1901
- Lonsdale Co. v. Board of License CommissionersSupreme Court of Rhode Island · 1892
3Cited by4 opinions
- Save Centennial Valley Ass'n, Inc. v. SchultzSouth Dakota Supreme Court · 1979
- Austin v. EddySouth Dakota Supreme Court · 1919
- In Re the Civil Contempt Proceedings Concerning RichardSouth Dakota Supreme Court · 1985
- In Re the Civil Contempt Proceedings Concerning RichardSouth Dakota Supreme Court · 1985