Legal Opinion
Fitzpatrick v. Weaver
Michigan Supreme Court
Decided March 5, 1907No. Calendar No. 22,038PublishedCited by 1 opinion
Certiorari to Hillsdale; Chester, J. Mandamus by Merton Fitzpatrick, city attorney, to compel Charles M. Weaver, justice of the peace, to issue a warrant against Arthur Triechman for a violation of an ordinance. There was an order granting the writ, and respondent brings certiorari.
1Per curiam
The city of Hillsdale is a city of the fourth class, having authority (section 3107, subd. 14, 1 Comp. Laws):
“ To regulate and license all taverns and houses of public entertainment, all saloons, restaurants and eating houses, and to regulate and prescribe the location of saloons; but this shall not be construed as authorizing the licensing of the sale of intoxicating liquors.”
Under the claim that the foregoing section gave authority therefor, the common council of the said city of Hills-*383dale, on the 26th of February, 1906, adopted an ordinance the material provisions of which are as follows:
“…
2Cases cited2 opinions
- Dewar v. PeopleMichigan Supreme Court · 1879
- Kenaston v. RikerMichigan Supreme Court · 1906
3Cited by1 opinion
- Mills v. Common CouncilMichigan Supreme Court · 1909