State v. Sioux Falls Brewing Co.

Citations

• 2 S.D. 363
• 50 N.W. 629
• 1891 S.D. LEXIS 40

Syllabus

<p>1. The rules of this court and the statute allow the hearing of an order to show cause why an appeal shopld not be dismissed, at any time which may be fixed, in the discretion of the court.</p> <p>2. Proceedings in the name of the state may be instituted and prosecuted under the provisions of the “common nuisance” clauses of what is generally known as the “Prohibition Law” of 1890, by the attorney general, his assistant, state’s attorney, or by any citizen of the county where such nuisance exists, or is kept or maintained, to abate and perpetually enjoin the same.</p> <p>3. This action having been commenced and prosecuted by a “citizen of the county,” who appeared both as prosecutor and attorney for the state, and the appeal having been taken to this court by service of notice of appeal upon such citizen as such attorney, it is competent fo” him, as such attorney, to appear in this court, ond move to dismiss such appeal, in the absence of any appearance by the attorney general.</p> <p>4. The clerk of the court below is not required to transmit the record of a case after appeal is taken until his fees and other necessary expenses in the case have been paid by appellant or other persons interested in prosecuting the. appeal.</p> <p>(Syllabus by the Court.</p>