Territory v. McPherson

Supreme Court of Dakota

Territory v. McPherson

6 Dakota 27

CourtSupreme Court Of The Territory Of Dakota

DecidedFebruary 15, 1888

StatusPublished

Cited by2 cases

This text of 6 Dakota 27 (Territory v. McPherson) is published on Counsel Stack Legal Research, covering Supreme Court Of The Territory Of Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Territory v. McPherson, 6 Dakota 27 (dakotasup 1888).

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Opinion

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.

[31]*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.

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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.

[31]*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.

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Bluebook (online)

6 Dakota 27, Counsel Stack Legal Research, https://law.counselstack.com/opinion/territory-v-mcpherson-dakotasup-1888.

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