Cooper v. Hunt
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court, — Hon. D. G. Taylor, Judge. (1) The keeping of a dramshop is not a right but a privilege to be granted only under the strict provisions of the statute. Austin v. State, 10 Mo. 591; State v. Holt Co. Ct., 39 Mo. 521. (2) There is no authority vested with jurisdiction to issue license until a majority of the qualified persons sign petition. R. S. 1899, sec. 2997. (3) The excise commissioner must investigate qualifications of signers.
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Appeal from St. Louis City Circuit Court, — Hon. D. G. Taylor, Judge. (1) The keeping of a dramshop is not a right but a privilege to be granted only under the strict provisions of the statute. Austin v. State, 10 Mo. 591; State v. Holt Co. Ct., 39 Mo. 521. (2) There is no authority vested with jurisdiction to issue license until a majority of the qualified persons sign petition. R. S. 1899, sec. 2997. (3) The excise commissioner must investigate qualifications of signers. He'has no power unless they are qualified. E. S. 1899, sec. 2997; Snoddy v. County, 45 Mo. 361; Eailway v. Young, 96 Mo.…
1Opinion of the Court
GOODE, J.—
Plaintiff avers that she is the owner of two parcels of ground in city block 1038, in St. Louis, one fronting on the north line of Lucas avenue and the other on the south line of Morgan street. One of plaintiff’s parcels adjoins premises known as number 3201 Lucas avenue, owned by the defendant Ella Pechmann. Plaintiff’s property in the block is occupied by sixteen dwelling houses rented to tenants. The defendant Charles M. Hunt was granted a license by the excise commissioner of the city of St. Louis December 8, 1902, to conduct a saloon at number 3201 Lucas avenue, which premises…
2Cases cited9 opinions
- Clark v. Covenant Mutual Life InsuranceSupreme Court of Missouri · 1873
- State ex rel. Reider v. Moniteau County CourtMissouri Court of Appeals · 1891
- Estes v. Desnoyers Shoe Co.Supreme Court of Missouri · 1900
- State ex rel. Delmar Jockey Club v. ZachritzSupreme Court of Missouri · 1901
- Hannibal & St. Joseph Railroad v. MooreSupreme Court of Missouri · 1866
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State Ex Rel. Schneider v. StewartMissouri Court of Appeals · 1978
- State ex rel. Heller v. ThornhillMissouri Court of Appeals · 1913
- Burkharth v. StephensMissouri Court of Appeals · 1906
- School District No. 58 v. ChappelMissouri Court of Appeals · 1911
- State Ex Rel. Bader v. FlynnMissouri Court of Appeals · 1942
1 more not listed; retrieve them via the Exa API.