Theo. Hamm Brewing Co. v. Foss
South Dakota Supreme Court
Appeal from circuit court, Turner county. Hon. E. G-. Smith, Judge. Application by the Theo. Hamm Brewing Company against Benjamin C. Foss and others for mandamus to .compel defendants to issue to plaintiff a wholesale license for the maintenance of a warehouse for the sale of malt and brewed liquors. From a judgment for defendants, plaintiff appeals.
1Opinion of the CourtFuller, J.
This appeal is -from a judgment dismissing, on its merits, an application for a peremptory mandamus, requiring respondents, as county officials, to issue a wholesaler’s license to appellant for the maintenance of a warehouse or depository for the sale of malt and brewed liquors in the ■ city of Parker. . The constitutionality of the-statute prohibiting the granting- of such license in communities yrhere it is unlawful *164to sell intoxicating liquors at retail is the only question to be determined. Chapter 72 oí the Laws of 1897 is “An act to provide for the licensing, restriction and regulation…
2Cited by2 opinions
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- State v. McIvennaSouth Dakota Supreme Court · 1907