City of Craig v. Smith
Missouri Court of Appeals
Appeal • from Holt Circuit Court, Hon. C. A. Anthony, Judge. Statement of case by the court. This action is based on the following petition : “The plaintiff states that it is a corporation, duly incorporated under the constitution and laws of the state of Missouri as a city of the fourth class ; that as such incorporated city the plaintiff had, prior to the date of the note hereinafter mentioned, by its board of aider-men, adopted and promulgated an ordinance regulating…
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Appeal • from Holt Circuit Court, Hon. C. A. Anthony, Judge. Statement of case by the court. This action is based on the following petition : “The plaintiff states that it is a corporation, duly incorporated under the constitution and laws of the state of Missouri as a city of the fourth class ; that as such incorporated city the plaintiff had, prior to the date of the note hereinafter mentioned, by its board of aider-men, adopted and promulgated an ordinance regulating dram-shop licenses for said city of Craig; that by the provisions of said ordinance a city license tax .for dram-shops was…
1Opinion of the CourtEllison, J.
I am of the opinion that the city of Craig had no authority to accept a note of a dram-shop *289keeper for Ms license, and that such note is void. As a city of the fourth, class it has power to license dram-shops at a rate to be fixed by ordinance. And it is provided by section 4956, Revised Statutes, that: “When the board of aldermen shall fix the rate of taxation, the clerk of the board shall charge the collector with the full amount of such taxes levied and to be collected, together with all licenses of every kind to be collected, and it shall be the duty of said collector to pay into the…
2Cases cited2 opinions
- State ex rel. Grether v. MaguireSupreme Court of Missouri · 1873
- State ex rel. Meyers v. SpencerSupreme Court of Missouri · 1872
3Cited by2 opinions
- Ristine v. ClementsIndiana Court of Appeals · 1903
- Town of Gallup v. Gallup Cold Storage Co.New Mexico Supreme Court · 1920