Legal Opinion

State ex rel. Brown v. Stiff

Missouri Court of Appeals

Decided February 1, 1904PublishedCited by 6 opinions

Original Proceeding in Mandamus. (1) All requirements of the ordinances of the said city of -Edgerton having been complied with by relator, mandamus will lie to compel the issuance of the license. State ex rel. Baker, 32 Mo. App. 98; State ex rel. Ruark, 34 Mo. App. 325; State ex rel. Chase, 42 Mo. App. 352; State ex rel. Cook, 174 Mo. 120, 121; St. Louis v. Weitzel, 130 Mo. 602, 620; St. Louis v. Mfg.

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Original Proceeding in Mandamus. (1) All requirements of the ordinances of the said city of -Edgerton having been complied with by relator, mandamus will lie to compel the issuance of the license. State ex rel. Baker, 32 Mo. App. 98; State ex rel. Ruark, 34 Mo. App. 325; State ex rel. Chase, 42 Mo. App. 352; State ex rel. Cook, 174 Mo. 120, 121; St. Louis v. Weitzel, 130 Mo. 602, 620; St. Louis v. Mfg. Co., 139 Mo. 560; Henry v. Burton, 107 Cal. 535; Brock v. State, 65 Ga. 437; Zanone v. Mound City, 103 111. 552; Mayor of Rome v. Duke, 19 Ga. 93; Ex Parte Reynolds, 87 Aim 138. (2) Mandamus…

1Opinion of the CourtEllison, J.

The relator is an applicant for a license to keep a dramshop in the town of Edgerton. The respondents are the mayor and aldermen of that town. Relator obtained an alternative writ of mandamus, and respondents have now made return. The facts are agreed upon.

The. town of Edgerton is of the fourth class and contains less than two thousand inhabitants. Among the ordinances of the town is the following relating to dramshop license:

‘ ‘ Section 81. Any person who shall directly, or indirectly sell any intoxicating, fermented or distilled liquor in less quantity than three gallons, either in the…

2Cases cited10 opinions

  1. Austin v. StateSupreme Court of Missouri · 1847
  2. State v. BixmanSupreme Court of Missouri · 1901
  3. State v. EvansSupreme Court of Missouri · 1884
  4. State ex rel. Troll v. HudsonSupreme Court of Missouri · 1883
  5. State ex rel. Shaw v. BakerMissouri Court of Appeals · 1888

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3Cited by6 opinions

  1. State ex rel. Sheffel v. McCammonMissouri Court of Appeals · 1905
  2. Bernstein v. City of MarshalltownSupreme Court of Iowa · 1933
  3. Smyth v. ButtersUtah Supreme Court · 1910
  4. Ford Hopkins Co. v. City of Iowa CitySupreme Court of Iowa · 1932
  5. State of Missouri v. Judges of Co. Ct. of Taney Co.Missouri Court of Appeals · 1948

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