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McCarthy v. Timm

Supreme Court of South Dakota
Jun 29, 1936
64 S.D. 466 (S.D. 1936)

Summary

holding that “[w]hen the Legislature deals with matters which are primarily matters of state-wide concern, it may deal with them free from any restriction contained in the home rule amendment”

Summary of this case from Madison Teachers, Inc. v. Walker

Opinion

File No. 7919.

Opinion filed June 29, 1936.

Appeal and Error.

Where certified copies of notice of appeal and undertaking on appeal were filed with clerk of Supreme Court and appellant after more than five months thereafter had not filed brief nor taken any other steps to prosecute appeal, appeal was dismissed as "abandoned."

Appeal from Circuit Court, Moody County; HON. JOHN T. MEDIN, Judge.

Action by John H. McCarthy against Herman Timm and another. From an adverse order, the plaintiff appeals.

Affirmed.

D.H. Lloyd, of Flandreau, for Appellant.

Louis H. Smith, of Sioux Falls, for Appellees.


Certified copies of notice of appeal and undertaking on appeal in the above-entitled cause were filed with the clerk of this court on the 24th day of January, 1936. Since said date, the appellant has not filed his brief nor taken any other steps whatever to prosecute such appeal. This being the case, such appeal is deemed to have been abandoned, and the orders from which the appeal is attempted to be taken are affirmed.

All the Judges concur.


Summaries of

McCarthy v. Timm

Supreme Court of South Dakota
Jun 29, 1936
64 S.D. 466 (S.D. 1936)

holding that “[w]hen the Legislature deals with matters which are primarily matters of state-wide concern, it may deal with them free from any restriction contained in the home rule amendment”

Summary of this case from Madison Teachers, Inc. v. Walker

noting that “[e]ven though the determination made by [the legislature] should be held not to be absolutely controlling, nevertheless it is entitled to great weight because matters of public policy are primarily for the legislature”

Summary of this case from Madison Teachers, Inc. v. Walker

observing that the phrases “local affairs” and “statewide concern” are “practically indefinable”

Summary of this case from Madison Teachers, Inc. v. Walker

stating that “when the Legislature deals with local affairs and government of a city, if its act is not to be subordinate to a charter ordinance, the act must be one which affects with uniformity every city”

Summary of this case from Madison Teachers, Inc. v. Walker

In Van Gilder v. Madison (1936), 222 Wis. 58, 267 N.W. 25, 268 N.W. 108, this court held that police and fire protection is a matter of statewide concern, and that the constitution's "home-rule" amendment did not grant a municipality authority to enact an ordinance which withdrew the city from the operation of sec. 62.13(7), Stats., prohibiting the decrease in policemen's salaries without a prior recommendation by the board of fire and police commissioners.

Summary of this case from Racine Fire and Police Comm. v. Stanfield

In Van Gilder v. Madison, 222 Wis. 58, 267 N.W. 25, 268 N.W. 108, this court sustained the power of the legislature to classify cities even in statutes dealing with matters of statewide concern.

Summary of this case from State ex Rel. Curtis v. Steinkellner
Case details for

McCarthy v. Timm

Case Details

Full title:McCARTHY, Appellant, v. TIMM, et al, Respondent

Court:Supreme Court of South Dakota

Date published: Jun 29, 1936

Citations

64 S.D. 466 (S.D. 1936)
268 N.W. 108

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