State ex rel. Maggard v. Pond
Supreme Court of Missouri
Appeal from Grundy Circuit Court.— How. Gr. D. Burg-ess, Judge. (1) The demurrer admits the facts set up and pleaded in the answer or return of defendants to the alternative writ of mandamus. McKenzie r>. Matthews, 59 Mo. 99; Plant Seed Co. v. Michel Seed Co., 23 Mo. App. 579; State to use 'o. Finn, 19 Mo.
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Appeal from Grundy Circuit Court.— How. Gr. D. Burg-ess, Judge. (1) The demurrer admits the facts set up and pleaded in the answer or return of defendants to the alternative writ of mandamus. McKenzie r>. Matthews, 59 Mo. 99; Plant Seed Co. v. Michel Seed Co., 23 Mo. App. 579; State to use 'o. Finn, 19 Mo. App. 560. (2) While it is conceded that the legislators cannot divest themselves of the responsibility of enacting laws by a reference of the question of their passage to their constituents, it is equally well settled that a law may. be passed by the legislature to take effect on the…
1Opinion of the CourtNorton, C. J.
It is admitted that, in pursuance of the provisions of the law of 1887 (Acts, 1887, p. 179), an *620election was held in Trenton, a town having more than twenty-five hundred inhabitants, which resulted' in a majority of votes being cast against the sale of intoxicating liquors. After this result was ascertained, the relator applied to the county court of Grundy county for license to keep a dramshop in said town, having fully complied with the provisions of what is known, in common parlance, as the Downing dram-shop law. The county court refused to grant the license on the ground that the act of…
2Cases cited38 opinions
- Ewing v. HoblitzelleSupreme Court of Missouri · 1884
- Fell v. StateCourt of Appeals of Maryland · 1875
- State ex rel. Lionberger v. TolleSupreme Court of Missouri · 1880
- City of St. Louis v. AlexanderSupreme Court of Missouri · 1856
- State v. SwisherTexas Supreme Court · 1856
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3Cited by7 opinions
- Copeland v. City of St. JosephSupreme Court of Missouri · 1895
- State ex rel. Aull v. FieldSupreme Court of Missouri · 1894
- Broadwater v. KendigMontana Supreme Court · 1927
- Roberts v. MeekMissouri Court of Appeals · 1927
- State Ex Rel. Schuhart v. RoseSupreme Court of Missouri · 1922
2 more not listed; retrieve them via the Exa API.