Weber v. Lane
Missouri Court of Appeals
Appeal from St. Louis County Circuit Court . — Hon. J. W. McElhinney, Judge. STATEMENT. , Omitting caption the petition is as follows: “Plaintiff for this his amended petition and cause of action herein filed by leave of court first had and obtained states: That on the 1st day of November, 1901, and at all times hereinafter stated, the city of Kirk-wood, St. Louis county, Missouri, was a duly incorporated city of the fourth class tinder the laws of the State' of Missouri…
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Appeal from St. Louis County Circuit Court . — Hon. J. W. McElhinney, Judge. STATEMENT. , Omitting caption the petition is as follows: “Plaintiff for this his amended petition and cause of action herein filed by leave of court first had and obtained states: That on the 1st day of November, 1901, and at all times hereinafter stated, the city of Kirk-wood, St. Louis county, Missouri, was a duly incorporated city of the fourth class tinder the laws of the State' of Missouri with such powers and authority only as in it vested by the laws of said State. “That at the time aforesaid plaintiff was,…
1Opinion of the Court
BLAND, P-. J.
It appears from the record in the cause that the action of a board of aldermen of a city of the fourth class, in respect to issuing or revoking dramshop licenses, was treated by the plaintiff’s counsel and the court as the exercise of a legislative function. We think this was an erroneous view of the function exercised by these bodies in respect to dram-shop license. The mayor and hoard of aldermen of cities of this class are given power to regulate and license dramshops. R. S. 1899, sec. 5978. Their proceedings in the exercise of this power must conform *80in every respect to the…
2Cases cited11 opinions
- White v. NichollsSupreme Court of the United States · 1845
- Hamilton v. . EnoNew York Court of Appeals · 1880
- Briggs v. GarrettSupreme Court of Pennsylvania · 1886
- John W. Lovell Co. v. HoughtonNew York Court of Appeals · 1889
- State v. FlemingSupreme Court of Missouri · 1900
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Ryan v. WilsonSupreme Court of Iowa · 1941
- State ex rel. Sheffel v. McCammonMissouri Court of Appeals · 1905
- State Ex Rel. Dolman v. DickeySupreme Court of Missouri · 1920
- City of Meadville v. CaselmanMissouri Court of Appeals · 1950
- State ex rel. Schade v. RussellMissouri Court of Appeals · 1908
4 more not listed; retrieve them via the Exa API.