Legal Opinion

Malkan v. City of Chicago

Illinois Supreme Court

Decided October 24, 1905PublishedCited by 11 opinions

Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. F. A. Smith, Judge, presiding.

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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. F. A. Smith, Judge, presiding. This is an action of assumpsit, begun on October 30, 1900, in the circuit court of Cook county by the appellant against the appellee to recover the sum of $219.95, alleged to have been unlawfully exacted by appellee from appellant as a license fee for a certain basement saloon at 178 Quincy street in the city of Chicago from May 1, 1897, to October 8, 1897, by threatening to close up appellant’s business at once, unless he paid…

1Opinion of the CourtJustice Magruder

The city contends in this case, that the appellant was running two saloons at No. 178 Quincy street in Chicago, the latter being a two-story and basement brick building, under one license; that one of these saloons was in the basement, and the other on the first floor of the building; and that he had no right so to run the two saloons under one license, but should have taken out a separate license for each saloon, that is to say, a license for the saloon in-the basement, and another license for the saloon on the first floor of the building above the basement. On the other hand, the contention…

2Cases cited7 opinions

  1. Schwuchow v. City of ChicagoIllinois Supreme Court · 1873
  2. Hancock v. Singer Manufacturing Co.Illinois Supreme Court · 1898
  3. James A. Sanders & Son v. Town CouncilSupreme Court of Georgia · 1873
  4. City of St. Louis v. GerardiSupreme Court of Missouri · 1886
  5. Courtright v. Common CouncilMichigan Supreme Court · 1893

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3Cited by11 opinions

  1. Hornstein v. Illinois Liquor Control CommissionIllinois Supreme Court · 1952
  2. Robertson v. ScheinCourt of Appeals of Kentucky (pre-1976) · 1947
  3. Amended July 14, 2015 Joseph H. Sanford and Suzanna L. Sanford v. Lynn Fillenwarth and Julie Fillenwarth, as Executors of the Estate of Kenneth Fillenwarth, and James Lawler v. Cari Lawler, John Lawler, Matt Lawler, Michael Lawler, and...Supreme Court of Iowa · 2015
  4. Wingfield v. KutresSupreme Court of Georgia · 1911
  5. City of Chicago, Ill. v. KirklandCourt of Appeals for the Seventh Circuit · 1935

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