Legal Opinion

City of Galt v. Elder

Missouri Court of Appeals

Decided December 7, 1891PublishedCited by 1 opinion

Appeal from, llie Grundy Circuit Court. — Hon. G. D. Burgess, Judge. (1) The plaintiff, as a city of the fourth class, had the power, “to provide for licensing and regulating dramshop and tippling houses, * * * to regulate the sale of liquor under merchants’ license or otherwise within said city, and for one mile from the corporate limits thereof.

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Appeal from, llie Grundy Circuit Court. — Hon. G. D. Burgess, Judge. (1) The plaintiff, as a city of the fourth class, had the power, “to provide for licensing and regulating dramshop and tippling houses, * * * to regulate the sale of liquor under merchants’ license or otherwise within said city, and for one mile from the corporate limits thereof. R. S. 1889, sec. 1589. And hence the provisions of section 1, requiring all persons selling intoxicating liquors in said city, to have a dramshop license or a prescription of a practicing physician of the county was a reasonable, proper and valid…

1Opinion of the CourtEllison, J.

This proceeding was instituted before the mayor of Galt, a town of the fourth class, by making and filing the following affidavit:

“ State oe Missouri, j >• ss. 4 4 County of Grundy, )

Affidavit for a state warrant in case of felony.

“Before me, John Doty, mayor of the city of Galt, within the county aforesaid, personally came David 'Cooksey, who, being duly sworn according to law, ■deposes and says, that, on or about the thirty-first day of December, A. D. 1890, in the county of Grundy, and state of Missouri, A. L. Elder did on the day aforesaid, .sold to the affiant one drink of whiskey, and…

2Cases cited1 opinion

  1. State v. CornellMissouri Court of Appeals · 1891

3Cited by1 opinion

  1. State v. WhitakerMissouri Court of Appeals · 1898

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