City of Mobridge v. Brown
South Dakota Supreme Court
.Appeal from Circuit ‘Court, Walworth County. Hon. Joseph H. Bottum, Judge. Action by the City- of Mobridge and- another, against A. H. Brown, to enjoin defendant from -constructing a -building within fire limits. From an- order overruling a demurrer to defendant’s answer, plaintiff appeals. (2) To point two- of the opinion, Appellant cited: City of Sf.
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.Appeal from Circuit ‘Court, Walworth County. Hon. Joseph H. Bottum, Judge. Action by the City- of Mobridge and- another, against A. H. Brown, to enjoin defendant from -constructing a -building within fire limits. From an- order overruling a demurrer to defendant’s answer, plaintiff appeals. (2) To point two- of the opinion, Appellant cited: City of Sf. Louis v. Boffinger, 19 Mo. 105; City of Detroit v. Circuit Judge, 79 Mich. 384, 44 N. W. Rep. 622; 'City of Detroit v, Hosmer, 44 N.' W. 622; City of Huron v. 'Campbell, 53 N. W. 182; McQuillian' Mun. Corp. Sec. 377. (3) To point three-of the…
1Opinion of the CourtGates, P. J.
Defendant applied to plaintiff city, a city under the commission form of government, for a permit to erect a one-story brick building within the fire limits of the city. The permit was granted, then revoked, and this action was brought by the city and P. C. Morrison to enjoin defendant from constructing the building. Plaintiff city appeals from an ord'er overruling a demurrer to one of the separate defenses contained in defendant’s answer.
This defense alleges among other things, that the defendant’s proposed building is to be erected for the purpose of a moving picture show; that the…
2Cases cited4 opinions
- State v. . TenantSupreme Court of North Carolina · 1892
- Bostock v. SamsCourt of Appeals of Maryland · 1902
- Boyd v. Board of CouncilCourt of Appeals of Kentucky · 1903
- City of Sioux Falls v. KirbySouth Dakota Supreme Court · 1894
3Cited by5 opinions
- Ericksen v. City of Sioux FallsSouth Dakota Supreme Court · 1944
- Achtien v. City of DeadwoodDistrict Court, D. South Dakota · 1993
- City of Freeman v. SalisSouth Dakota Supreme Court · 2001
- Sanderson v. City of MobridgeSouth Dakota Supreme Court · 1982
- Sanderson v. City of MobridgeSouth Dakota Supreme Court · 1982