State ex rel. Waggoner v. Seibert
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — How. Warwick Hough, Judge. STATEMENT OF THE CASE. The relators filed in the circuit court of the city of St. Louis a petition for writ of certiorari directed to James M. Seibert, excise commissioner of said city, requiring him to send up the petition of Morgan and Bergman for a license to keep a dramshop at No. 3005 city block No. 1012, on Olive street, in the city of St. Louis, together with all the proceedings had in the office…
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Appeal from St. Louis City Circuit Court. — How. Warwick Hough, Judge. STATEMENT OF THE CASE. The relators filed in the circuit court of the city of St. Louis a petition for writ of certiorari directed to James M. Seibert, excise commissioner of said city, requiring him to send up the petition of Morgan and Bergman for a license to keep a dramshop at No. 3005 city block No. 1012, on Olive street, in the city of St. Louis, together with all the proceedings had in the office ■of the excise commissioner pertaining to.the granting of said license. Among other things the petition alleges that the…
1Opinion of the CourtBland, P. J.
— 1. Neither the dramshop act nor the act creating the office of excise commissioner requires that a petition for.a dramshop license shall be verified by the affidavit of the applicant. The only affidavit the applicant is required to file is the one prescribed by section 2994 of the dramshop act. This affidavit has no reference to the petition for the license. Its purpose is to furnish the basis for the assessment of an advalorem tax on the merchandise of the dramshopkeeper. The affidavit made by E. D. Morgan to the petition, and sworn to before R. D. Thompson, as deputy excise commissioner,…
2Cases cited5 opinions
- Howard v. ClarkSupreme Court of Missouri · 1869
- State ex rel. Campbell v. Police CommissionersMissouri Court of Appeals · 1883
- Sanders v. RainsSupreme Court of Missouri · 1847
- State ex rel. Laidley v. HigginsMissouri Court of Appeals · 1897
- Kidd v. GuibarSupreme Court of Missouri · 1876
3Cited by5 opinions
- State ex rel. Pulliam v. FortMissouri Court of Appeals · 1904
- Cooper v. HuntMissouri Court of Appeals · 1903
- State ex rel. Sager v. MulvihillMissouri Court of Appeals · 1905
- State ex rel. Dick v. WiethauptMissouri Court of Appeals · 1912
- State ex informatione Keller v. County Court of Buchanan CountyMissouri Court of Appeals · 1909