Hughes v. Hill
South Dakota Supreme Court
Appeal from Circuit Court, Bon Homme County. Hon. R. B. TRIPP, Judge. Action by Roscoe B. Hughes against Charles W. Hill, Mayor of the City of Springfield, and others, to contest a local option election involving sale of intoxicating liquors at retail.
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Appeal from Circuit Court, Bon Homme County. Hon. R. B. TRIPP, Judge. Action by Roscoe B. Hughes against Charles W. Hill, Mayor of the City of Springfield, and others, to contest a local option election involving sale of intoxicating liquors at retail. The pleadings show that the question of such sale was submitted, not on a separate ballot, but upon one used also at the municipal election for election of general city officers and also a question relating to the incorporation under the general law of the Independent School District No. i of Springfield; the answer admitting these allegations.…
1Opinion of the CourtMeCOY, P. J.
[1] This case involves the legality of the 'submission of the question of the sale of intoxicating liquors at retail at the municipal election held at Springfield in April, 1912. The vote" was in favor of such sale. Section 2856, Pol. Code, and as amended by chapter 166, Laws of 1903, provides- that said question shall be submitted upon a separate ballot. At the said election the question of such sale of intoxicating liquors.was not submitted by a separate ballot; but the question “Shall intoxicating liquors be sold at retail?” was printed at the bottom of the official ticket or ballot used…
2Cases cited1 opinion
- State ex rel. Chilson v. HarrisSouth Dakota Supreme Court · 1908
3Cited by3 opinions
- Tuntland v. NobleSouth Dakota Supreme Court · 1912
- Krell v. City of White LakeSouth Dakota Supreme Court · 1951
- State ex rel. Theurer v. HeberleinSouth Dakota Supreme Court · 1915