City of Sioux Falls v. Kirby
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Frank R. Aikens, Judge. Action in the city police court of Sioux Falls, charging defendant with the violation of a city ordinance. On appeal from a judgment of conviction in that court to the circuit court defendant was acquitted and the city appeals to this court. The facts are stated in the opinion.
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Appeal from circuit court, Minnehaha county. Hon. Frank R. Aikens, Judge. Action in the city police court of Sioux Falls, charging defendant with the violation of a city ordinance. On appeal from a judgment of conviction in that court to the circuit court defendant was acquitted and the city appeals to this court. The facts are stated in the opinion. When statements are made to a party under such circumstances as to call for a reply, his silence will be deemed an admission of the truth of such statement. Corson v. Paul, 41 N. H. 24; Lathrop v. Bamhal, 3 Hun. 394; 1 Rice on Ev. 468; 1…
1Opinion of the CourtCorson, P. J.
The respondent and defendant was arrested find tried upon a complaint charging him, in substance, with having willfully refused to take out a building permit and to pay the prescribed fee therefor, after being requested so to do by the building inspector of the city of Sioux Falls, contrary to the ordinance of said city. The respondent was convicted in the city police court, but on appeal to the circuit court he was acquitted; that court holding that the provisions of the ordinance requiring a party to take out a permit, and pay a fe,e therefore, were void. The case was brought to this court…
2Cases cited10 opinions
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