Harrison v. People ex rel. Raben
Appellate Court of Illinois
Mandamus proceeding. Appeal from the Superior Court of Cook County; the Hon. Elbridge Hanecy, Judge, presiding. Heard in this court at the October term, 1904. Statement Tby the Court. The relator filed a bill against appellants praying for a writ of mandamus compelling them to issue to him a license to keep a dram-shop at Ho. 345 East Division street in the city of Chicago.
Read the full summary
Mandamus proceeding. Appeal from the Superior Court of Cook County; the Hon. Elbridge Hanecy, Judge, presiding. Heard in this court at the October term, 1904. Statement Tby the Court. The relator filed a bill against appellants praying for a writ of mandamus compelling them to issue to him a license to keep a dram-shop at Ho. 345 East Division street in the city of Chicago. He alleged that he was a resident of said city, a person of good character and ' repute, and the lessee of said premises; that he had complied with all the ordinances of the city of Chicago and with all the laws of the…
1Opinion of the CourtJustice Ball
The right to sell intoxicating liquors by retail is not a natural nor a constitutional right. Where such right is given by statute the provisions of the act must be strictly followed or it cannot be exercised. People v. Cregier, 138 Ill., 401, 418.
In order to succeed, a party litigant, who prays for the issuance of a writ of mandamus, must set forth and establish a clear right to the relief demanded. Every material fact necessary to show that the defendant is under a legal obligation to perform the act sought to be enforced must be alleged and proved. If the duty be not absolute and the…
2Cases cited19 opinions
- Millett v. PeopleIllinois Supreme Court · 1886
- People ex rel. Morrison v. CregierIllinois Supreme Court · 1891
- People ex rel. Harless v. HatchIllinois Supreme Court · 1863
- City of Chicago v. RumpffIllinois Supreme Court · 1867
- People ex rel. Greenwood v. Board of SupervisorsIllinois Supreme Court · 1888
14 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Boston Store v. Retail Clerks International Protective Ass'nAppellate Court of Illinois · 1920
- Callahan v. HolsmanAppellate Court of Illinois · 1953
- Callahan v. HolsmanAppellate Court of Illinois · 1953