State ex rel. Young v. Minnesota Club
Supreme Court of Minnesota
Prior to 1907 defendant club was never required to take out a license to sell liquor. At that time the public authorities notified it to do so. The question whether it was required to do so was thereupon submitted to the district court for Ramsey county on an agreed statement of facts. The court, Kelly, J., decided in favor of defendant, and from the judgment entered, plaintiff appealed. The transaction was a sale.
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Prior to 1907 defendant club was never required to take out a license to sell liquor. At that time the public authorities notified it to do so. The question whether it was required to do so was thereupon submitted to the district court for Ramsey county on an agreed statement of facts. The court, Kelly, J., decided in favor of defendant, and from the judgment entered, plaintiff appealed. The transaction was a sale. State v. Lockyear, 95 N. C. 633; People v. Law, 203 111. 127; State v. Essex Club, 53 N. J. L. 99. The learned district judge indicated that he based his decision on the ground…
1DissentElliott, J.
Instead of proceeding as in ordinary cases and charging a violation of the criminal law, the parties stipulated the facts, as authorized in civil cases by section 4286, R. L. 1905. The proceeding, then, can be sustained only on the theory that the club is charged with maintaining an unlicensed drinking place, which may be abated as a nuisance by injunction or other legal proceedings. It follows that the judgment about to be entered determines that the Minnesota Club is conducting an unlicensed drinking place which is a public nuisance. The statute *527provides that every person who directly or…
2Cases cited21 opinions
- State v. CassidySupreme Court of Minnesota · 1875
- Klein v. Livingston ClubSupreme Court of Pennsylvania · 1896
- State ex rel. Young v. RobinsonSupreme Court of Minnesota · 1907
- State ex rel. Patterson v. BatesSupreme Court of Minnesota · 1905
- Commonwealth v. PomphretMassachusetts Supreme Judicial Court · 1884
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