Legal Opinion

Grumbach v. Lelande

California Supreme Court

Decided December 18, 1908No. L.A. No. 2260PublishedCited by 21 opinions

APPLICATION for a "Writ of Mandate directed to the City Clerk and other municipal authorities of the City of Los Angeles. The facts are stated in the opinion of the court. The grant of power to the board of police commissioners by section 95a of the charter, as amended in 1903, is exclusive of the exercise of that power by any other board or official (23 Cyc. 107, 108, notes 77, 79; Frandzen v. San Diego Go., 101 Cal. 317, 35 Pac. 897; Ex parte Anderson, 134 Cal. 69, 86 Am.

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APPLICATION for a "Writ of Mandate directed to the City Clerk and other municipal authorities of the City of Los Angeles. The facts are stated in the opinion of the court. The grant of power to the board of police commissioners by section 95a of the charter, as amended in 1903, is exclusive of the exercise of that power by any other board or official (23 Cyc. 107, 108, notes 77, 79; Frandzen v. San Diego Go., 101 Cal. 317, 35 Pac. 897; Ex parte Anderson, 134 Cal. 69, 86 Am. St. Rep. 236, 66 Pac. 194.) The ordinance, as amended, is unreasonable and discriminatory. (Ex parte Bohen, 115 Cal.…

1Opinion of the CourtHenshaw, J.

This is an original application for a writ of mandate by which petitioner seeks to compel the clerk of the city of Los Angeles and the othér proper municipal authorities to issue to him a permit and license to conduct a wholesale liquor establishment. The facts are the following: Ordinance No. 5746 (N. S.) of the city of Los Angeles defined a “wholesale liquor establishment,” distinguishing it from a “retail liquor establishment” commonly designated a “saloon.”

It prescribed that no license should be issued to carry on either class of business until a permit in writing should have been granted…

2Cases cited13 opinions

  1. Mugler v. KansasSupreme Court of the United States · 1887
  2. Kidd v. PearsonSupreme Court of the United States · 1888
  3. In Re PfahlerCalifornia Supreme Court · 1906
  4. Shea v. City of MuncieIndiana Supreme Court · 1897
  5. County of Los Angeles v. Hollywood Cemetery Ass'nCalifornia Supreme Court · 1899

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

3Cited by21 opinions

  1. Miller v. Board of Public Works of Los AngelesCalifornia Supreme Court · 1925
  2. Lincoln Trust Co. v. Williams Building Corp.New York Court of Appeals · 1920
  3. Ex Parte HadacheckCalifornia Supreme Court · 1913
  4. Martin v. Superior CourtCalifornia Supreme Court · 1924
  5. Ex Parte Quong WoCalifornia Supreme Court · 1911

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

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