State ex rel. Chilson v. Harris
South Dakota Supreme Court
Appeal from Circuit Court, Day County. Hon. J. H. McCoy, Judge. Prohibition by the state, on the relation of O. A. Chilson, against J. L. Harris, mayor, and others. From an order sustaining defendants’ demurred, plaintiff appeals.
1Opinion of the CourtFuller, J.
To prevent the granting of any license for the sale of intoxicating liquors at retail in the city of Webster for the ensuing year commencing July I, 1907, appellant made application in due form to the circuit court for a writ of prohibition directed to the mayor and city council, and this appeal is from an order sustaining respondent’s demurrer on the ground of the insufficiency of the alleged facts to constitute a cause of action or justify the issuance of the writ.
It affirmatively appears from the affidavits made the basis of the proceeding, and to which the demurrer was directed, that 30…
2Cited by3 opinions
- Treat v. MorrisSouth Dakota Supreme Court · 1910
- State ex rel. Pryor v. AxnessSouth Dakota Supreme Court · 1913
- Hughes v. HillSouth Dakota Supreme Court · 1912