Legal Opinion

State ex rel. Howie v. Common Council

Supreme Court of Minnesota

Decided December 30, 1904No. Nos. 14,219—(160)PublishedCited by 16 opinions

Alternative writ of mandamus issued from the district court for Rice county, upon relation of John Howie, commanding respondent to issue to relator a license to sell intoxicating liquor within the city of Northfield, or to show cause to the contrary. From an order, Buck-ham, J., overruling a general demurrer to the answer, relator appealed.

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Alternative writ of mandamus issued from the district court for Rice county, upon relation of John Howie, commanding respondent to issue to relator a license to sell intoxicating liquor within the city of Northfield, or to show cause to the contrary. From an order, Buck-ham, J., overruling a general demurrer to the answer, relator appealed. Article 1, section 2, of the constitution of this state provides: “No member of this state shall be disfranchised or deprived of-any of the rights or privileges secured to any citizen thereof, unless by the law of the land or judgment of his peers.” The…

1Opinion of the CourtBkown, J.

The facts in this case are as, follows: The city of Northfield is a municipal corporation, created and existing under the provisions of chapter 17, p. 95, Sp. Laws 1875, .'and' subsequent amendatory acts, with a population of about three thousand. Relator on June 14, 1904, filed with the city recorder an application for a license to sell'intoxicating liquors within the city, with which was a bond in the penal sum of $2,000, in the form and conditioned as required in such cases by the ordinances of the city. He also paid to the city treasurer the sum of $1,200, the license fee fixed by the…

2Cases cited5 opinions

  1. W. O. Muller & Co. v. Commissioners of Buncombe CountySupreme Court of North Carolina · 1883
  2. Batters v. DunningSupreme Court of Connecticut · 1882
  3. State ex rel. Zeglin v. Board of County CommissionersSupreme Court of Minnesota · 1895
  4. John R. Irvine & Co. v. The Steamboat "Hamburg"Supreme Court of Minnesota · 1859
  5. Ex parte WhittingtonSupreme Court of Arkansas · 1879

3Cited by16 opinions

  1. Ex Parte A. AbramsCourt of Criminal Appeals of Texas · 1908
  2. Paron v. City of ShakopeeSupreme Court of Minnesota · 1948
  3. Mayor Common Council of City of Prescott v. RandallArizona Supreme Court · 1948
  4. State Ex Rel. Grimes v. Board of CommissionersNevada Supreme Court · 1931
  5. People ex rel. Fitzgerald v. HarrisonIllinois Supreme Court · 1912

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