Legal Opinion

City of Mankato v. Arnold

Supreme Court of Minnesota

Decided November 9, 1886PublishedCited by 29 opinions

The 'defendant was arrested and brought before the municipal court of Mankato, upon a charge of violating an ordinance of the city, by a sale of intoxicating liquors in a less quantity than five gallons. A motion to dismiss for insufficiency of the complaint having been denied, the defendant demanded a jury trial which was refused. The action was thereupon tried by the court, and the defendant was found guilty, and he appeals from the j udgment.

1Opinion of the CourtVanderburgh, J.

This is not a prosecution by the state, or in the name of the state, but for the violation of an ordinance of the city of Mankato. The ordinance-in question prohibits any person from selling, disposing of, or dealing in any spirituous, vinous, fermented, or intoxicating liquors within the limits of the city, without a license as therein provided. The defendant had no license, and a sale was made by his daughter, in his absence, of several bottles of lager beer. The complaint simply stated that the defendant did unlawfully sell and dispose of intoxicating liquors to the party named, in a less…

2Cases cited5 opinions

  1. State v. LeeSupreme Court of Minnesota · 1882
  2. People Ex Rel. Murray v. Justices of Court of Special Sessions of PeaceNew York Court of Appeals · 1878
  3. State v. HeckSupreme Court of Minnesota · 1877
  4. Board of County Commissioners v. MorrisonSupreme Court of Minnesota · 1875
  5. Flint River Steam Boat Co. v. Roberts, Allen & Co.Supreme Court of Florida · 1848

3Cited by29 opinions

  1. Loeb v. JenningsSupreme Court of Georgia · 1910
  2. State v. HarrisSupreme Court of Minnesota · 1892
  3. State ex rel. Erickson v. WestSupreme Court of Minnesota · 1889
  4. Ogden v. City of MadisonWisconsin Supreme Court · 1901
  5. State v. HobenSupreme Court of Minnesota · 1959

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