Legal Opinion

State ex rel. Crabbe v. Miller

Missouri Court of Appeals

Decided March 3, 1908PublishedCited by 1 opinion

Appeal from Knox Circuit Court. — Eon. Chas. D. Stciaart} Judge. (1) The county court-having exercised its judicial function and granted the license, then the duties of the clerk and collector are merely ministerial and mandamus will lie to compel the performance of the same. Mandamus is the proper remedy to compel the issuance of a dramshop license when the applicant has complied with all the requirements of the laws of the State. State ex rel. v. Baker, 32 Mo.

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Appeal from Knox Circuit Court. — Eon. Chas. D. Stciaart} Judge. (1) The county court-having exercised its judicial function and granted the license, then the duties of the clerk and collector are merely ministerial and mandamus will lie to compel the performance of the same. Mandamus is the proper remedy to compel the issuance of a dramshop license when the applicant has complied with all the requirements of the laws of the State. State ex rel. v. Baker, 32 Mo. App-. 98; Kansas City y. Flanders, 71 Mo. 248; State ex rel. y. Myers, 80 Mo. 601; Bean y. County Court, 33 Mo. App. 635; State ex…

1Opinion of the CourtGoode, J.

On November 8, 1907, the county court of Knox county entered of record an order approving the petition of relator Crabbe for a license to keep a dramshop “at his stand on the north part of lot 8, block 9, in the county addition to the town of Edina;” and ordered that a license be issued to him. Afterwards the county court adjourned until December 10, 1907. December 11th, at this adjourned term, the court entered of record an order revoking the prior order of November 8th, granting the license to Orabbe. In the order of revocation the court recited that after due investigation *392it decided the…

2Cases cited6 opinions

  1. Ex Parte McCardleSupreme Court of the United States · 1869
  2. State ex rel. Church v. WeeksMissouri Court of Appeals · 1889
  3. State ex rel. Gumperts v. HigginsMissouri Court of Appeals · 1900
  4. State ex rel. Sharp v. WeeksSupreme Court of Missouri · 1887
  5. Williams v. County CommissionersSupreme Judicial Court of Maine · 1853

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. State Ex Rel. Shelton v. EdwardsSupreme Court of Connecticut · 1929

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