Legal Opinion

Murphy Liquor Co. v. Medbery

South Dakota Supreme Court

Decided July 16, 1915No. File No. 3715PublishedCited by 2 opinions

Appeal from Circuit Court, Beaclle County. Hon. Alva E. Taylor, Judge. Action-(by the Murphy Liquor Co. against John D; Medbery and others, to- enjoin the city 'Commission of the city of Huron from revoking a liquor license. Upon hearing of a motion for temporary injunction, it was denied, and a .temporary restraining order vacated. Plaintiff appeals from the order -denying the temporary injunction and vacating- the restraining -order.

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Appeal from Circuit Court, Beaclle County. Hon. Alva E. Taylor, Judge. Action-(by the Murphy Liquor Co. against John D; Medbery and others, to- enjoin the city 'Commission of the city of Huron from revoking a liquor license. Upon hearing of a motion for temporary injunction, it was denied, and a .temporary restraining order vacated. Plaintiff appeals from the order -denying the temporary injunction and vacating- the restraining -order. (3) Under point -three of the opinion, Appellant cited: Secs. 2380, 2854, Pol. (Code. Respondent cited: Ch. 119, Laws of 1913, Sec. 53, Par. 79; Ch. 86, Laws…

1Opinion of the CourtGates, J.

A license for the sale of intoxicating liquors in the city of Huron, a city under the commission form of government, was granted to plaintiff, a corporation, for the year ending June 30, 1915. On October 12, 1914, a petition was filed with the city auditor, setting forth the violation of law. by plaintiff in selling and giving intoxicating liquor to minors for use as a beverage. Thereupon the plaintiff was cited to appear before the board of commissioners of said city and show cause why, for those reasons, its license should1 not be revoked and canceled. Prior to the return day, the plaintiff…

2Cases cited7 opinions

  1. Baldacchi v. GoodletCourt of Appeals of Texas · 1912
  2. Claussen v. City of LuverneSupreme Court of Minnesota · 1908
  3. Wallace v. Mayor of RenoNevada Supreme Court · 1903
  4. State v. SeeboldSupreme Court of Missouri · 1906
  5. City of Elk Point v. VaughnSupreme Court Of The Territory Of Dakota · 1875

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Miles Laboratories, Inc. v. Owl Drug Co.South Dakota Supreme Court · 1940
  2. State ex rel. Card v. GraySouth Dakota Supreme Court · 1921

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