Flannery v. Welsh

South Dakota Supreme Court

Flannery v. Welsh

251 N.W. 216, 61 S.D. 656, 1933 S.D. LEXIS 102

CourtSouth Dakota Supreme Court

DecidedDecember 1, 1933

DocketFile No. 7605.

StatusPublished

This text of 251 N.W. 216 (Flannery v. Welsh) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Flannery v. Welsh, 251 N.W. 216, 61 S.D. 656, 1933 S.D. LEXIS 102 (S.D. 1933).

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Opinion

This is a proceeding seeking to test the constitutionality of a tax law of the last legislative session (c. 184, Laws 1933) attempted to be instituted in this court by the filing and serving of a summons and complaint. Defendants question our jurisdiction on the ground that an original proceeding in this court cannot be commenced in such fashion, and that a summons prepared and served by a party is not a process of this court. We think we need not undertake to determine that question. Argument of this case proceeded at the same time as argument in case No. 7606, State ex rel Botkin et al v. Walsh et al, 61 S.D. 593,251 N.W. 189, and, in fact, the cases were really argued together. The issues presented here have been substantially adjudicated by the decision this day filed in case No. 7606, and it is therefore ordered that the present proceeding be dismissed, without costs.

All the Judges concur.

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This is a proceeding seeking to test the constitutionality of a tax law of the last legislative session (c. 184, Laws 1933) attempted to be instituted in this court by the filing and serving of a summons and complaint. Defendants question our jurisdiction on the ground that an original proceeding in this court cannot be commenced in such fashion, and that a summons prepared and served by a party is not a process of this court. We think we need not undertake to determine that question. Argument of this case proceeded at the same time as argument in case No. 7606, State ex rel Botkin et al v. Walsh et al, 61 S.D. 593,251 N.W. 189, and, in fact, the cases were really argued together. The issues presented here have been substantially adjudicated by the decision this day filed in case No. 7606, and it is therefore ordered that the present proceeding be dismissed, without costs.

All the Judges concur.

*Page 1

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Bluebook (online)

251 N.W. 216, 61 S.D. 656, 1933 S.D. LEXIS 102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flannery-v-welsh-sd-1933.

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