Legal Opinion

Starks v. Presque Isle Circuit Judge

Michigan Supreme Court

Decided December 17, 1912No. Calendar No. 25,264PublishedCited by 8 opinions

Mandamus by Arthur E. Starks to compel Frank Emerick, circuit judge of Presque Me county, to issue a preliminary injunction in a suit instituted by relator to restrain one Carl Theis, defendant therein, from opening a saloon in the city of Onaway.

1Opinion of the CourtBird, J.

The relator seeks a writ of mandamus from this court to compel the respondent circuit judge to issue an injunction to restrain Carl Theis from conducting a saloon in the city of Onaway, for the reason that it is located within 400 feet from a church.

On the 3d day of June, 1912, the city council approved the application of Carl Theis, and granted him a license to conduct a saloon in the Waldorf Hotel block. On the 11th day of June his bond was approved by the council. Following this action of the council, the prosecuting attorney, on the relation of Arthur E. Starks, filed a bill in *465equity to…

2Cases cited3 opinions

  1. People ex rel. Sweeney v. LammertsNew York Supreme Court · 1896
  2. In re RuppNew York Supreme Court · 1907
  3. In re CheneyNew York Supreme Court · 1901

3Cited by8 opinions

  1. Portage Township v. Full Salvation UnionMichigan Supreme Court · 1947
  2. Haas v. Independent School District No. 1South Dakota Supreme Court · 1943
  3. Hammons v. SCHRUNKOregon Supreme Court · 1956
  4. George v. TravisMichigan Supreme Court · 1915
  5. Sparks v. Beer CommitteeTennessee Supreme Court · 1960

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