Calderwood v. Jos. Schlitz Brewing Co.
Supreme Court of Minnesota
Action in the district court for Hennepin county against defendant brewing company and the city of Minneapolis to recover $26,511.17 for money alleged to have been illegally refunded by defendant city to defendant brewing company on account of unexpired liquor -licenses. The defenses alleged are stated in the third paragraph of the opinion. The case was tried before Holt, J., who made findings and ordered judgment in favor of defendants.
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Action in the district court for Hennepin county against defendant brewing company and the city of Minneapolis to recover $26,511.17 for money alleged to have been illegally refunded by defendant city to defendant brewing company on account of unexpired liquor -licenses. The defenses alleged are stated in the third paragraph of the opinion. The case was tried before Holt, J., who made findings and ordered judgment in favor of defendants. From the judgment entered in favor of defendant brewing company, plaintiff appealed.
1Opinion of the CourtJaggakd, J.
Plaintiff and appellant, as a taxpayer, demanded judgment against respondent brewing company, and in favor of defendant city of Minneapolis, for money taken illegally by the city officials from the funds of the city and paid to respondent brewing company. In April, 1889, the city passed an ordinance to license and regulate persons dealing in intoxicating liquors. Of this ordinance section 12 provided-in effect that every license was granted with the distinct understanding that it could be forfeited by the mayor and city council at any time, and by the court upon conviction of a violation…
2Cases cited23 opinions
- New Orleans v. ClarkSupreme Court of the United States · 1877
- Anderson v. Santa AnnaSupreme Court of the United States · 1886
- Utter v. FranklinSupreme Court of the United States · 1899
- State ex rel. Douglas v. WestfallSupreme Court of Minnesota · 1902
- State ex rel. Board of Education v. BrownSupreme Court of Minnesota · 1906
18 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State of Texas v. BradfordTexas Supreme Court · 1932
- Pettibone v. Cook County, MinnesotaCourt of Appeals for the Eighth Circuit · 1941
- United Realty Trust v. Property Development & Research Co.Supreme Court of Minnesota · 1978
- Kerling v. G. W. Van Dusen & Co.Supreme Court of Minnesota · 1910
- Minneapolis Brewing Co. v. Village of BagleySupreme Court of Minnesota · 1919
5 more not listed; retrieve them via the Exa API.