Town of Britton v. Guy
South Dakota Supreme Court
Appeal from circuit court, Marshall county; Hon. J. H. McCoy, Judge. Action for an injunction by the town of Britton and others against John Guy and wife. From a judgment granting the writ, defendants appeal.
1Opinion of the CourtFuller, J.
Plaintiff, a municipal corporation, is seeking to restrain the illegal sale of intoxicating liquors by the defendant, John Guy, in a certain two-story frame building situated in the town of Britton, and the property of his wife and co-defendant, Annie Guy, with whose knowledge and consent the business of selling at retail is being conducted without a license. That facts sufficient to constitute a cause of action are not stated is the only question presented by this appeal from an order overruling a demurrer to the complaint. The exact point relied upon is the failure to allege that the voters *589…
2Cases cited1 opinion
- City of Huron v. Bank of VolgaSouth Dakota Supreme Court · 1896
3Cited by6 opinions
- Stead v. FortnerIllinois Supreme Court · 1912
- Garrigan v. KennedySouth Dakota Supreme Court · 1904
- Black v. Circuit Court of Eighth Judicial CircuitSouth Dakota Supreme Court · 1960
- City of Centerville v. GaykenSouth Dakota Supreme Court · 1905
- State ex rel. Beck v. BossinghamSouth Dakota Supreme Court · 1915
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