Legal Opinion

Kelly v. City of Faribault

Supreme Court of Minnesota

Decided April 12, 1901No. Nos. 12,581 — (35)PublishedCited by 6 opinions

Appeal by plaintiff from an order of the district court for Rice county, Buckham, J., sustaining a demurrer to the complaint.

1Opinion of the Court

START, c. J.

Action to recover $300, which the complaint alleges was illegally exacted of the plaintiff by defendant city, and paid to it by him, under protest, for an excessive license fee, and this is an appeal by the plaintiff from an order sustaining a general demurrer to his complaint. The precise question raised by the record is, has the city of Faribault power to exact a greater license fee for the sale of intoxicating liquors than $500? The city has a population less than ten thousand, and its charter, as amended by Sp. Laws 1885, c. 66, § 1, gives to the city council power to license…

2Cases cited3 opinions

  1. Nicol v. City of St. PaulSupreme Court of Minnesota · 1900
  2. State v. PetersonSupreme Court of Minnesota · 1888
  3. State v. BargeSupreme Court of Minnesota · 1901

3Cited by6 opinions

  1. Curran v. OlsonSupreme Court of Minnesota · 1903
  2. Evans v. City of Redwood FallsSupreme Court of Minnesota · 1908
  3. State ex rel. Winona Motor Co. v. Minnesota Tax CommissionSupreme Court of Minnesota · 1912
  4. State v. SwansonSupreme Court of Minnesota · 1901
  5. First National Bank v. Village of BuhlSupreme Court of Minnesota · 1922

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