State ex rel. Ohlquist v. Swan
North Dakota Supreme Court
PPLICATION for writ of habeas corpus. argued: § 217 of the Constitution of this State repealed all laws licensing the sale of intoxicating liquors, because the license laws made to regulate traffic in such liquors are repugnant to the prohibition established by the Constitution; citing § 24 of the Enabling Act; § 2 of the schedule of the State Constitution; Norton y. Taxing Dist. of Brownsville, 9 Sup. Ct.
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PPLICATION for writ of habeas corpus. argued: § 217 of the Constitution of this State repealed all laws licensing the sale of intoxicating liquors, because the license laws made to regulate traffic in such liquors are repugnant to the prohibition established by the Constitution; citing § 24 of the Enabling Act; § 2 of the schedule of the State Constitution; Norton y. Taxing Dist. of Brownsville, 9 Sup. Ct. Beporter 322; State v. Hanley, 25 Minn. 429; Ty. ex rel., McMahon, v. O’Connor, 41 N. W. Bep. 753. , argued: The Enabling Act and the State Constitution expressly repeal the entire system…
1Opinion of the CourtBartholomew, J.
On the 22d day of January, 1890, the relator, Frank Ohlquist, applied to this court for a writ of habeas corpus, alleging that he was unlawfully restrained of his liberty by James N. Swan, sheriff of Grand Forks county. The petition states that the relator was duly arrested on January 21, 1890, upon a warrant issued by a justice of the peace of Grand Forks county, upon a complaint charging the relator with having, on the 10th day of January, 1890, sold intoxicating liquors in said county, in quantities less than five gallons, without having first obtained a license and given a bond therefor,…
2Cases cited16 opinions
- United States v. TynenSupreme Court of the United States · 1871
- Constitutional Prohibitory AmendmentSupreme Court of Kansas · 1881
- Williams v. Mayor of DetroitMichigan Supreme Court · 1853
- Breitung v. LindauerMichigan Supreme Court · 1877
- People ex rel. Decatur & State Line Railway Co. v. McRobertsIllinois Supreme Court · 1871
11 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- State ex rel. Linde v. HallNorth Dakota Supreme Court · 1916
- State Ex Rel. Agnew v. SchneiderNorth Dakota Supreme Court · 1977
- State Ex Rel. Vogel v. GaraasNorth Dakota Supreme Court · 1978
- State ex rel. Larabee v. BarnesNorth Dakota Supreme Court · 1893
- Engstad v. Grand Forks CountyNorth Dakota Supreme Court · 1900
14 more not listed; retrieve them via the Exa API.