City of Minneapolis v. Olson
Supreme Court of Minnesota
Appeal by defendants Alfred Olson, J. A. Sederberg and Julius EL Shaw from an order of tbe district court for Hennepin county, Simpson, J., overruling their demurrer to the complaint. Plaintiff can recover, if at all, only on the theory that the entire penalty accrued to it at once on a single violation of its ordinance “relating to the licensing of the sale of intoxicating liquors,” for otherwise damages must be alleged. 4 Am. & Eng. Enc. (2d Ed.) 698; 3 Enc.
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Appeal by defendants Alfred Olson, J. A. Sederberg and Julius EL Shaw from an order of tbe district court for Hennepin county, Simpson, J., overruling their demurrer to the complaint. Plaintiff can recover, if at all, only on the theory that the entire penalty accrued to it at once on a single violation of its ordinance “relating to the licensing of the sale of intoxicating liquors,” for otherwise damages must be alleged. 4 Am. & Eng. Enc. (2d Ed.) 698; 3 Enc. Pl. & Pr. 648. Laws 1887, c. 6, is the only source of authority which the city had for exacting a bond. Village of St. James v.…
1Opinion of the CourtCanty, J.
The defendant Olson applied to the city council of Minneapolis for a license to sell intoxicating liquors at a designated place in that *4city. With his application, he presented a bond executed by himself as principal, and the other two defendants as sureties. The bond is in the penal sum of $2,000, runs to the city as obligee, and is conditioned as follows:
“Whereas, Alfred Olson, principal in this bond, has duly applied to the city council of said city for license to sell intoxicating liquors in said city, and, if so licensed, he will not sell or otherwise dispose of any intoxicating liquors…
2Cases cited2 opinions
- State v. PetersonSupreme Court of Minnesota · 1888
- Village of St. James v. HingtgenSupreme Court of Minnesota · 1891
3Cited by5 opinions
- State v. MosengSupreme Court of Minnesota · 1959
- State v. LarsonSupreme Court of Minnesota · 1901
- City of Roswell v. JacobyNew Mexico Supreme Court · 1916
- City of St. Cloud v. WillenbringSupreme Court of Minnesota · 1935
- State v. LarsonSupreme Court of Minnesota · 1901