State ex rel. Campbell v. Cramer
Supreme Court of Missouri
Appeal from, Cape Girardeau Circuit Court. — Hon. J. D. Poster, Judge. (1) The respondents, as city officers, had the exclusive power to grant appellants a license to operate a ferry. Laws 1872, p. 834, sec. 39. (2) Where the power of granting a license is conferred upon particular ^officers, and they refuse to grant the same, the writ of mandamus will go. High’s Extra. Leg.
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Appeal from, Cape Girardeau Circuit Court. — Hon. J. D. Poster, Judge. (1) The respondents, as city officers, had the exclusive power to grant appellants a license to operate a ferry. Laws 1872, p. 834, sec. 39. (2) Where the power of granting a license is conferred upon particular ^officers, and they refuse to grant the same, the writ of mandamus will go. High’s Extra. Leg. Rem. [2 Ed.] *70, 71; People v. Perry, 13 Barb. 206. (3) While it is true, as a rule, that courts will not interfere by mandamus to compel the granting of a license where the officers are vested with a discretion but…
1Opinion of the Court
Norton, . C. J.
Relators Campbell and Houck, having been refused a ferry license by the mayor and ■city council of the city of Cape Girardeau, have instituted this proceeding by mandamus to compel them to grant them license. ■
Defendants, in their return to the alternative writ, set up among other things the following: ‘ ‘ That the city of Cape Girardeau was a municipal corporation; that by the charter the mayor and council were authorized to legislate upon all matters within the city set out in the ■charter ; that among the subjects of legislation by the mayor and council of the city of Cape…
2Cited by8 opinions
- Carroll v. CampbellSupreme Court of Missouri · 1891
- State ex rel. Howser v. OliverSupreme Court of Missouri · 1893
- Carroll v. CampbellSupreme Court of Missouri · 1892
- State ex rel. Gumperts v. HigginsMissouri Court of Appeals · 1900
- State Ex Rel. Crow v. CarothersMissouri Court of Appeals · 1920
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