State v. Carlson
South Dakota Supreme Court
Original proceeding in Supreme Court by way of application, under Sec. 457, Code C'iv. P'roc., for an- order fixing the amount of an undertaking on an uncompleted appeal' to the Supreme Court, which, shall operate -as a supersedeas, in a civil action, by the State of South- Dakota against Chris Carlson and another, wherein a judgment was entered by the trial court against -defendants-, declaring certain premises and the business of selling intoxicating liquors at retail…
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Original proceeding in Supreme Court by way of application, under Sec. 457, Code C'iv. P'roc., for an- order fixing the amount of an undertaking on an uncompleted appeal' to the Supreme Court, which, shall operate -as a supersedeas, in a civil action, by the State of South- Dakota against Chris Carlson and another, wherein a judgment was entered by the trial court against -defendants-, declaring certain premises and the business of selling intoxicating liquors at retail therein to be a public nuisance, -directing the sheriff to’ abate it, and- restraining the defendants from allowing any…
1DissentGates, J.
(.dissenting’). Our statute upon appeals from the circuit court to the Supreme Court -was taken from- Wisconsin in 1887. So far as I have been a-ble- to ascertain, the only other states that have a section of statute corresponding with, section 451, C. C. P., are Wisconsin and North Dakota. That section reads as. follows:
“If the- judgment appealed- from direct the abatement, or restraint of the continuance' of a nuisance, either public' or private, the execution of the judgment 'shall.not be stayed -by the appeal unless an undertaking -be' entered into on the part of the appellant, by at…
2Cases cited13 opinions
- Sixth Avenue R.R. Co. v. . Gilbert E.R.R. Co.New York Court of Appeals · 1877
- Northwestern Mutual Life Insurance v. Park Hotel Co.Wisconsin Supreme Court · 1875
- Lindsay v. Clayton District CourtSupreme Court of Iowa · 1888
- State ex rel. Gibson v. Superior CourtWashington Supreme Court · 1905
- City of Janesville v. Janesville Water Co.Wisconsin Supreme Court · 1895
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