Supreme Court of Dakota, 1888

Territory v. McPherson

Supreme Court of Dakota · Decided February 15, 1888

6 Dakota 27

Counsel

W. L. McLaughlin ( W. E. Church of counsel), for appellants., McLaughlin <& Steele, for respondents.

Cases that cite this one

1 later published case cites this decision.

State ex rel. Power v. Power (S.D. 1894)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

By the Court :

The judgment in this case is affirmed.

1. The objection that the territory was improperly joined as a party should have been taken by answer. The public and the relator, however, in this case seein both to be beneficially interested, and the relator is a proper party plaintiff.

2. The county board having undertaken to act could be compelled to complete its action by fixing the license in the City of Deadwood not to exceed the amount provided by the charter.

*313. The general act, chap. 71, L. 1887, fixing the maximum and minimum rates of county licenses, did not repeal the provision of the city charter fixing the license therein not to exceed $150.

All of the justices concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.