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BLACK v. CIRCUIT COURT OF EIGHTH JUDICIAL CIRCUIT

Nos. 9843-46.

101 N.W.2d 520 (1960)

Sally BLACK, Petitioner, v. CIRCUIT COURT OF EIGHTH JUDICIAL CIRCUIT of State of South Dakota, WITHIN AND FOR COUNTY OF LAWRENCE, and Clarence P. Cooper, Judge of said Court, Respondent, and three other cases.

Supreme Court of South Dakota.

March 10, 1960.

Attorney(s) appearing for the Case

Roswell Bottum, Rapid City, for petitioners.

William H. Carnahan, State's Atty., Lawrence County, Deadwood, for respondents.

BIEGELMEIER, Judge.

The question presented for determination is whether SDC 37.48 requires a summons to be issued and served for the court to acquire jurisdiction to enjoin the nuisance described therein or if jurisdiction is obtained by the procedure followed by the plaintiff in the trial court. By SDC 37.4801 places maintained for the purposes of lewdness or prostitution are declared to be nuisances and shall be enjoined and abated as provided in that chapter.<...

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