Kochtitzky v. Herbst
Missouri Court of Appeals
Appeal from Cape Girardeau Circuit Court. — Eon. Henry C. Riley, Judge. (1) The county court has exclusive jurisdiction over the subject of granting dramshop licenses, and its decision is conclusive. State ex rel. v. Fort, 107 Mo. App. 328. (2) What constitutes the “block or square” in which the dramshop is sought to be kept is a question of fact to be determined by the county court, and its finding on that issue is conclusive.
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Appeal from Cape Girardeau Circuit Court. — Eon. Henry C. Riley, Judge. (1) The county court has exclusive jurisdiction over the subject of granting dramshop licenses, and its decision is conclusive. State ex rel. v. Fort, 107 Mo. App. 328. (2) What constitutes the “block or square” in which the dramshop is sought to be kept is a question of fact to be determined by the county court, and its finding on that issue is conclusive. (1) The law is now well settled that from an order granting a dramshop license no appeal lies. That the writ of certiorari only takes up to the superior court for…
1Opinion of the Court
NORTONI, J. —
This is a suit in equity, the object and purpose of which is to set aside a judgment of the county court by which a dramshop license was granted to defendant.' After hearing’ the evidence, the court found the issue for plaintiff and decreed the relief prayed for. Prom this judgment defendant prosecutes the appeal.
It is averred in the petition, and it appears in the case, that plaintiff is a property owner and, as such, an assessed, taxpaying citizen in the block in which defendant maintains his dramshop in Cape Girardeau. The suit proceeds on the theory plaintiff is an interested…
2Cases cited9 opinions
- City of Ottawa v. BarneySupreme Court of Kansas · 1872
- Priest v. WaySupreme Court of Missouri · 1885
- Irvine v. LeyhSupreme Court of Missouri · 1890
- Kilpatrick v. WileySupreme Court of Missouri · 1906
- State ex rel. Pulliam v. FortMissouri Court of Appeals · 1904
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State ex rel. Heller v. ThornhillMissouri Court of Appeals · 1913
- State Ex Rel. Bader v. FlynnMissouri Court of Appeals · 1942
- State ex rel. Verble v. HauptMissouri Court of Appeals · 1914