152 N.W. 285 | S.D. | 1915
This action was 'commenced by the state’s attorney of Charles Mix county. In the complaint he alleges that, for several years last past, defendant has been running a drug store in a certain building in Geddes, .but that, in addition to the drug -business, he has, during all of said time, been, indis
Section 928:' “It shall be the duty of .the state’s attorney to appear in the circuit court of his county, and prosecute and defend on behalf of the state or his county, all actions or proceedings, civil or criminal, in which the state or county is interested or a party; and whenever the venue is changed in any criminal case, or in any civil action or proceedings in which his county or the state is interested or a party, it shall be the duty of the state’s attorney of the county where such indictment is found, or the county interested in such civil action or proceeding, to appear and prosecute such indictment, and to prosecute or defend such civil action or proceeding in the county to which the same may be charged.”
Section 942: “Whenever, in the opinon of the state’s attorney of any county in this state the commencement and prosecution of any action is necessary to protect-the interests of such county in any matter * * * he may present to the judge of the circuit court * * * in which such county is situated a summons and complaint in such matter and ask leave of the judge to commence such action.”
“It is well settled that the restraint or abatement of putilic nuisances at the suit of municipal authorities is clearly within the jurisdiction of courts of equity.”
See, also, J. P. Schaller Co. v. Canistota Grain Co., 32 S. D. 15, 141 N. W. 993.
This disposes of appellant’s assignments, and the order appealed from is affirmed.