State ex rel. Dillman v. Weide
South Dakota Supreme Court
Appeal from Circuit Court, Grant County. Hon. C. X Spward, Judge. Action by the State, on -the relation of J. A. Dillman, to prohibit P. We-ide and others, trustees of town of Revillo, from submitting the question of granting permits for sale of intoxicating liquors to voters at the general municipal election. From ’an order granting a peremptory writ of prohibition against further proceedings, entered upon sustaining a demurrer to defendants’ answer, defendants appeal.
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Appeal from Circuit Court, Grant County. Hon. C. X Spward, Judge. Action by the State, on -the relation of J. A. Dillman, to prohibit P. We-ide and others, trustees of town of Revillo, from submitting the question of granting permits for sale of intoxicating liquors to voters at the general municipal election. From ’an order granting a peremptory writ of prohibition against further proceedings, entered upon sustaining a demurrer to defendants’ answer, defendants appeal. Appellants contend that where a vendee holds lands in good faith under a contract of sale, has possession of the lands, has…
1DissentCorson, J.
In my judgment a very important word in section 1, c. 166, Session Law-s of 1903, has been *138overlooked by the members of the court in their opinion. In that section it i-s provided: “The -question of granting permits to- sell intoxicating liquors within the corporate limits of such township, ■town or city shall be submitted to the legal voters thereof upon petition signed by twenty-five (25) legal freeholder voters of such township.” It will be observed- that ’the -term freeholder is qualified by the w-o-rd “legal” and- we must presume that the Legislature u-sed the term “legal”. for -the…
2Cases cited8 opinions
- United States v. WiltbergerSupreme Court of the United States · 1820
- Kirchoff v. Union Mutual Life InsuranceIllinois Supreme Court · 1889
- People Ex Rel. Ottman v. HyndsNew York Court of Appeals · 1864
- Campbell v. MoranNebraska Supreme Court · 1904
- Cohn v. WelliverNebraska Supreme Court · 1909
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