State v. Carlson
South Dakota Supreme Court
Original proceeding in Supreme Court by way of application, under Sec. 457, Code C'iv. P'roc., for an- order fixing the amount of an undertaking on an uncompleted appeal' to the Supreme Court, which, shall operate -as a supersedeas, in a civil action, by the State of South- Dakota against Chris Carlson and another, wherein a judgment was entered by the trial court against -defendants-, declaring certain premises and the business of selling intoxicating liquors at retail…
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Original proceeding in Supreme Court by way of application, under Sec. 457, Code C'iv. P'roc., for an- order fixing the amount of an undertaking on an uncompleted appeal' to the Supreme Court, which, shall operate -as a supersedeas, in a civil action, by the State of South- Dakota against Chris Carlson and another, wherein a judgment was entered by the trial court against -defendants-, declaring certain premises and the business of selling intoxicating liquors at retail therein to be a public nuisance, -directing the sheriff to’ abate it, and- restraining the defendants from allowing any…
1Opinion of the CourtWhiting, J.
This is an 'original proceeding in 'this court. It is an application, under the provisions of section. 457, C. C. P., for an order fixing the amount of an undertaking on appeal for the purpose of staying the enforcement of the judgment of a trial court. The application i® based upon a showing that the trial court has refused and neglected to fix the amount 'of a stay undertaking upon an appeal to this court which the defendants desire to take. In the case of the above title, a civil action pending in the circuit court of the Third judicial circuit within and for Clark county, a judgment was…
2Cases cited3 opinions
- Jayne v. DrorbaughSupreme Court of Iowa · 1883
- Lindsay v. Clayton District CourtSupreme Court of Iowa · 1888
- State ex rel. Gibson v. Superior CourtWashington Supreme Court · 1905
3Cited by3 opinions
- Mee v. HirningSouth Dakota Supreme Court · 1922
- Brookfield v. McClenahanSouth Dakota Supreme Court · 1930
- Smith v. ReidSouth Dakota Supreme Court · 1932