State ex rel. Cain v. Toomey
South Dakota Supreme Court
-Vppeal from Lawrence County Court. Hon. W. G. Ricu, Judge. Prohibition by the State, on the relation of J. D. Cain and others, against Daniel J. Toomey and others, members of the City Council, and' W. R. Irwin, City Auditor of the City of Spearfish. Froma judgment enying the writ, plaintiffs appeal, and defendants prosecute a cross-appeal.
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-Vppeal from Lawrence County Court. Hon. W. G. Ricu, Judge. Prohibition by the State, on the relation of J. D. Cain and others, against Daniel J. Toomey and others, members of the City Council, and' W. R. Irwin, City Auditor of the City of Spearfish. Froma judgment enying the writ, plaintiffs appeal, and defendants prosecute a cross-appeal. The holder of a mere homestead right is not the holder of an “estate,” but only the recipient of a privilege or license granted by statute. Black v. Curran, (U. S.) 14 Wall. 463; Ellinger v. Thomas, 67-Pac. 529; Thomas v. Tulford, 23 S. E. 635, 117 N. C.…
1Opinion of the CourtWhiting, J.
This action was brought to prevent, by writ of prohibition, the defendants, as city officers of the city of Spearfish, from granting licenses for the sale of intoxicating- liquors during the year commencing July x, 1910. The court made findings of fact and conclusions of law, and in harmony with such conclusions rendered judgment denying the writ asked for. The plaintiffs appealed, and the defendants, being- dissatisfied with certain rulings made and one conclusion of law found by the court, have come into this court by cross-appeal, and sought review of the said rulings and conclusions.
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2Cases cited3 opinions
- State ex rel. Crothers v. BarberSouth Dakota Supreme Court · 1904
- Campbell v. MoranNebraska Supreme Court · 1904
- Thomas v. . FulfordSupreme Court of North Carolina · 1895
3Cited by7 opinions
- Somers v. SomersSouth Dakota Supreme Court · 1911
- Speck v. AndersonSouth Dakota Supreme Court · 1982
- Baker v. Gooding CountyIdaho Supreme Court · 1914
- Glover v. City CouncilMississippi Supreme Court · 1923
- State ex rel. Byrne v. EwertSouth Dakota Supreme Court · 1916
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