Olson v. City of Lemmon
South Dakota Supreme Court
Appeal from 'Circuit Court, Perkins County. Hon. Cray Carpenter, Judge. Action by Oscar C. Olson and others against the City of Lemmon and others, for contest of an election involving votes on the question of sale of intoxicating liquor's at retail.
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Appeal from 'Circuit Court, Perkins County. Hon. Cray Carpenter, Judge. Action by Oscar C. Olson and others against the City of Lemmon and others, for contest of an election involving votes on the question of sale of intoxicating liquor's at retail. From a judgment for defendants, plaintiffs appeal. . The provision requiring the question to ¡be submitted on a separate ballot is mandatory, and’ the provisions requiring the wonds, “Yes” and “No,” to be placed before the question voted upon, and the square or-.circle to be placed at the left of said words, “Yes” and “No,” are also mandatory.…
1Opinion of the CourtMcCOY, J.
This is a contest involving the legality of an election submitting to a vote the question of the sale at retail of intoxicating liquors. There is but one question presented for consideration, laind that relates to the form of ballot used at such election. The following form- of ballot was used:
Shall intoxicating liquors be sold at retail . Yes I — | within city of Lemmon, S. D., during — ' the coming year? ' . No | |
At saiid election there were 176 bailóte marked with a cross in the square at the right.-of the word “Yes,” and 71 ballots marked with a cross in the square after -the word “No.”…
2Cases cited1 opinion
- Tuntland v. NobleSouth Dakota Supreme Court · 1912
3Cited by11 opinions
- Rideout v. City of Los AngelesCalifornia Supreme Court · 1921
- Brown v. Dakota Public Service Co.South Dakota Supreme Court · 1941
- Carr v. Wakonda Independent Consolidated School District No. 1South Dakota Supreme Court · 1921
- Naramore v. SpragueSouth Dakota Supreme Court · 1925
- Christensen v. DevanySouth Dakota Supreme Court · 1993
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