Territory v. McPherson
Supreme Court Of The Territory Of Dakota
APPEAL from the district court, Lawrence county; Hon. Charles M. Thomas, Judge. • This was a mandamus proceeding by the territory on the relation of Ben.
Read the full summary
APPEAL from the district court, Lawrence county; Hon. Charles M. Thomas, Judge. • This was a mandamus proceeding by the territory on the relation of Ben. Baer and Harris Franklin, copartners, as Franklin & Baer, plaintiffs, against D. A. McPherson, S. B. Crist and F. M. Allen, as the board of county commissioners of the county of Lawrence, Dakota Territory, defendants, to compel them, as such board, to fix the amount of the county retail liquor license in the City of Deadwood, Lawrence county. The court below having overruled a demurrer to the alternative writ granted the relief asked. The…
1Opinion of the Court
By the Court :
The judgment in this case is affirmed.
1. The objection that the territory was improperly joined as a party should have been taken by answer. The public and the relator, however, in this case seein both to be beneficially interested, and the relator is a proper party plaintiff.
2. The county board having undertaken to act could be compelled to complete its action by fixing the license in the City of Deadwood not to exceed the amount provided by the charter.
*313. The general act, chap. 71, L. 1887, fixing the maximum and minimum rates of county licenses, did not repeal the provision of…
2Cited by2 opinions
- State ex rel. Power v. PowerSouth Dakota Supreme Court · 1894
- Baird v. WhitmireNorth Dakota Supreme Court · 1932