State ex rel. Wagner v. Summers
South Dakota Supreme Court
Appeal from Circuit Court, Yankton County. Hon. Robiüu,' B. Tripp, Judge. Mandamus by the State, on the relation of V. J. Wagner, against John W. Summers, as City Auditor of the City of Yank-ton. From a judgment of dismissal, relator appeals.
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Appeal from Circuit Court, Yankton County. Hon. Robiüu,' B. Tripp, Judge. Mandamus by the State, on the relation of V. J. Wagner, against John W. Summers, as City Auditor of the City of Yank-ton. From a judgment of dismissal, relator appeals. The right to require the submission of this question to the electors of the city is established and guaranteed by the express-provisions oif Section 39, et seq., of Chapter 86, Laws of 1907. Section 1, article 3, State Constitution, as amended in 1898. Laws 1899 ch. 93 (Pol. Code Secs. 21-27), Secs. 1214, to 1228, Pol. Code, Laws 1907, ch. 86, secs.…
1Opinion of the CourtGates, J.
The city of Yankton is a city under the commismission form of government, viz., under chapter 86, Laws 1907, and the acts amendatory thereof. On June 2, 1913, the board of commissioners of Said city, granted to a certain individual a permit to sell intoxicating liquors at retail in said city. On June 4, 1913, there was presented to defendant as city auditor, a petition signed by relator and others, in number more than 5 per cent, of the -legal voters of said city, requesting said defendant to submit •the motion or resolution by which said permit was granted to the vote of the electors of said…
2Cases cited15 opinions
- Pacific States Telephone & Telegraph Co. v. OregonSupreme Court of the United States · 1912
- In Re PfahlerCalifornia Supreme Court · 1906
- Eckerson v. City of Des MoinesSupreme Court of Iowa · 1908
- Kiernan v. PortlandOregon Supreme Court · 1910
- City of San Antonio v. MicklejohnTexas Supreme Court · 1895
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3Cited by42 opinions
- Adams v. BolinArizona Supreme Court · 1952
- Ritchmount Partnership v. Board of Supervisors of ElectionsCourt of Appeals of Maryland · 1978
- Kyllo v. PanzerSouth Dakota Supreme Court · 1995
- Oien v. City of Sioux FallsSouth Dakota Supreme Court · 1986
- State ex rel. Payne v. ReevesSouth Dakota Supreme Court · 1921
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