State ex rel. Maggard v. Pond
Supreme Court of Missouri
Appeal from Grundy Circuit Court.— How. Gr. D. Burg-ess, Judge. (1) The demurrer admits the facts set up and pleaded in the answer or return of defendants to the alternative writ of mandamus. McKenzie r>. Matthews, 59 Mo. 99; Plant Seed Co. v. Michel Seed Co., 23 Mo. App. 579; State to use 'o. Finn, 19 Mo.
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Appeal from Grundy Circuit Court.— How. Gr. D. Burg-ess, Judge. (1) The demurrer admits the facts set up and pleaded in the answer or return of defendants to the alternative writ of mandamus. McKenzie r>. Matthews, 59 Mo. 99; Plant Seed Co. v. Michel Seed Co., 23 Mo. App. 579; State to use 'o. Finn, 19 Mo. App. 560. (2) While it is conceded that the legislators cannot divest themselves of the responsibility of enacting laws by a reference of the question of their passage to their constituents, it is equally well settled that a law may. be passed by the legislature to take effect on the…
1Dissent
Sherwood, J.,
Dissenting. — This appeal is taken in order that it may be determined whether the circuit court of Grundy county was correct in ruling that the act in relation to “Dramshops, Local Option,” etc., approved April 5, 1887, commonly known as the “ Wood Law,” afforded no valid ground to the county court of that ■county for denying to the relator, Maggard, a license to keep a dramshop in a certain block in the town of Trenton, he having fully complied with the conditions ■of the act, approved March 24, 1883, commonly called the “Downing Law.”
The title of the act which gave origin to…
2Cases cited55 opinions
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- The Cargo of the Brig Aurora, Burn Side v. The United StatesSupreme Court of the United States · 1813
- People ex rel. Wilson v. SalomonIllinois Supreme Court · 1869
- Fell v. StateCourt of Appeals of Maryland · 1875
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