Legal Opinion

State ex rel. Howard v. Scott

Missouri Court of Appeals

Decided November 25, 1902PublishedCited by 3 opinions

Petition for Writ of Certiorari to Review the Issuance of Liquor License. The court was without authority of law or jurisdiction, as follows: (1) To issue or grant a iicense at a special term. Sec. 2997, Acts 1901, page 142. (2) To issue license without petition being filed ten days before first day of the court to which it was to be presented. Ibid. (3) To issue license to any but male citizens. Sec. 2993, R. S. 1899; State ex rel. v. County Court, 66 Mo.

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Petition for Writ of Certiorari to Review the Issuance of Liquor License. The court was without authority of law or jurisdiction, as follows: (1) To issue or grant a iicense at a special term. Sec. 2997, Acts 1901, page 142. (2) To issue license without petition being filed ten days before first day of the court to which it was to be presented. Ibid. (3) To issue license to any but male citizens. Sec. 2993, R. S. 1899; State ex rel. v. County Court, 66 Mo. App. 99; State v. Higgins, 84 Mo. App. 536. (4) To issue license except upon a petition signed by a majority of both the assessed…

1Opinion of the CourtBland, P. J.

This is an original proceeding by writ of certiorari sued out by relators to test the validity of an order of the Pulaski County Court granting to Gr. A. Burchard & Company a license to keep a dramshop in said county.

Respondents, Scott and Cobb, two of the judges of the Pulaski County Court, to the writ of certiorari heretofore issued herein, made return by sending us a part of the original files and a certified copy of the proceedings in the Pulaski County Court resulting in an order of the court granting to GL A. Burchard & Company a license to keep a dramshop in Tavern township, in said…

2Cited by3 opinions

  1. State ex inf. Harvey v. Missouri Athletic ClubSupreme Court of Missouri · 1914
  2. State ex rel. Crow v. PageMissouri Court of Appeals · 1904
  3. State ex rel. Marbury v. TullockMissouri Court of Appeals · 1904

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