State ex rel. Heller v. Thornhill

Relator applied to the circuit court of Nodaway county for a writ of mandamus to compel the county court to grant him a license 'to keep a dramshop in Maryville, a city of more than 2000 inhabitants. Upon the issuance and service of the alternative writ, the judges of the county court, as respondents thereto, moved to quash the petition and writ. This motion was sustained and relator appealed.

The reasons stated in the motion to quash are, first, that the facts pleaded in the .petition and stated in the alternative writ are not sufficient to give the circuit court jurisdiction over the acts of…