RAPID CITY v. TUNING

No. 10330.

147 N.W.2d 604 (1967)

RAPID CITY, Plaintiff and Appellant, v. Everette L. TUNING, Defendant and Respondent.

Supreme Court of South Dakota.

January 10, 1967.


Attorney(s) appearing for the Case

Thomas P. Ranney, Rapid City, for plaintiff and appellant.

No appearance for defendant and respondent.


HOMEYER, Presiding Judge.

Defendant was arrested and charged in the Municipal Court of Rapid City with the violation of a city ordinance which prohibited a dog from running at large. Prior to trial defendant made a motion to dismiss on jurisdictional grounds.1 The motion was granted2 and the city appeals.

SDC 45.0201 provides: "Every municipality shall have power: (47) To regulate or prohibit the running...

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