Legal Opinion

Town of Knox City v. Whiteaker

Missouri Court of Appeals

Decided March 4, 1901PublishedCited by 3 opinions

Appeal from Knox Circuit Court. — Hon. Edwin B. McKee, ■ Judge. (1) Plaintiff has authority “to regulate and prohibit the sale or giving away of intoxicating liquors, under merchants’ licenses in said town.” E. S. 1899, sec. 6010. The ordinance in evidence, sections 1 and 2, prohibts it by merchants and all other persons.

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Appeal from Knox Circuit Court. — Hon. Edwin B. McKee, ■ Judge. (1) Plaintiff has authority “to regulate and prohibit the sale or giving away of intoxicating liquors, under merchants’ licenses in said town.” E. S. 1899, sec. 6010. The ordinance in evidence, sections 1 and 2, prohibts it by merchants and all other persons. “No person or co-partnership shall in this town, directly or indirectly, sell, bargain or deliver any wine in less quantity than one gallon,’’ without a dram-shop license. Defendant does not show it has attempted to regulate or license sales by merchants, only by the…

1Opinion of the CourtBond, J.

The plaintiff is a village, incorporated in pursuance of the provision of article 6, chapter 91, Revised Statutes 1899. It adopted an ordinance inhibiting any person from selling intoxicating liquors in less quantities than one gallon without the obtention of a license as a dramshop-keeper, pursuant to the further provision of said ordinance, under a penalty of not less than $50 and not more than $100 for each offense. The ordinance further defined a dramshop-keeper to be a person licensed under its provisions, and prescribed fully the method of applying for and obtaining such license, and…

2Cases cited5 opinions

  1. State v. PiperMissouri Court of Appeals · 1890
  2. State v. RyanMissouri Court of Appeals · 1888
  3. State v. WilliamsMissouri Court of Appeals · 1897
  4. State v. WittyMissouri Court of Appeals · 1898
  5. State v. WilliamsMissouri Court of Appeals · 1897

3Cited by3 opinions

  1. State v. QuinnMissouri Court of Appeals · 1902
  2. State v. QuinnSupreme Court of Missouri · 1902
  3. State v. HeibelMissouri Court of Appeals · 1906

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