City of Dell Rapids v. McShane
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. JonUs, Judge. Proceeding by the Cilty of Dell Rapids against Martin Mc-Shane, for violation of an ordinance requiring transient merchants to pay a tax. From a conviction in police court, defendant appealed to the Circuit 'Court, being there again convicted. From an order granting a new 'trial the city appeals.
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Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. JonUs, Judge. Proceeding by the Cilty of Dell Rapids against Martin Mc-Shane, for violation of an ordinance requiring transient merchants to pay a tax. From a conviction in police court, defendant appealed to the Circuit 'Court, being there again convicted. From an order granting a new 'trial the city appeals. (3) To- point three of the opinion, 'Appellant cited; Laws 1903, Ch. 190; Laws 1907, Ch. 201; Laws 1907, Ch. 86, Sec. 54, Par. 81; Laws 1913, Qh. 119, Sec. 53, Par. 81; 21 Eng. & Am. Enc. Law (2d Ed) 810, and note; State v.…
1Opinion of the CourtGates, J.
In November, 1914, respondent, then a resident of Clark 'county, S. D., was selling apples and pears at retail from a box car at Dell Rapids, S. D. It was conceded that the fruit was not raised in this state and that it was not raised 'by respondent.
Respondenlt was arrested, tried in the police justice court of Dell Rapids, and convicted of the offense of engaging in the business of a transient merchant without having paid the tax required by an ordinance of said city. Upon appeal to' the circuit court of Minnehaha c'ounty he was again convicted, and judgment was entered sentencing him to a…
2Cases cited3 opinions
- Hendrick v. MarylandSupreme Court of the United States · 1915
- Red River Valley Bank v. CraigSupreme Court of the United States · 1901
- State v. KirbySouth Dakota Supreme Court · 1914
3Cited by6 opinions
- State v. ReedSouth Dakota Supreme Court · 1954
- Plucker v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1928
- Petersen v. HohfSouth Dakota Supreme Court · 1936
- Town of Valley Springs v. FlattSouth Dakota Supreme Court · 1921
- State v. NussSouth Dakota Supreme Court · 1962
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