Legal Opinion

Gordon v. White

South Dakota Supreme Court

Decided May 4, 1914Published

Appeal' from Circuit Court, Yankton County. Hbn. Robert B. Tripp, Judge. Election contest by Robert J. Gordon against Edwin T. White and others, to determine the validity ■ of an election upon question of sale of intoxicating liquors.

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Appeal' from Circuit Court, Yankton County. Hbn. Robert B. Tripp, Judge. Election contest by Robert J. Gordon against Edwin T. White and others, to determine the validity ■ of an election upon question of sale of intoxicating liquors. From that part of the judgment in favor of contestant, and against the defendant officers other than the City Auditor, regarding costs, and from that part of the judgment dismissing the contest as to defendant City Auditor and awarding said defendant costs, contestant appeals. The City Auditor of Yankton was a proper party defendant in this contest. Chapter 254,…

1Opinion of the CourtPolley, J.

This is a proceeding instituted under the authority of § 1988 Rev. Pol. Code. It was brought for the purpose of testing the validity of a vote at the Municipal election held in the City of Yankton, in April, 1913, on the question of issuing retail liquor licenses in that city. The contestant named as defendants: the City of Yankton, the Mayor, the Members of the Board of City Commissioners, and the City Auditor. The trial court found for the contestant as against the City, the Mayor, and the Commissioners, but without costs, and dismissed the contest ■ it contestant’s cost as to the City…

2Cases cited2 opinions

  1. Gordon v. WhiteSouth Dakota Supreme Court · 1914
  2. State ex rel. Lindsay v. BoydenSouth Dakota Supreme Court · 1904

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