Strauss v. City of Galesburg
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;-—-heard in that court on appeal from the Circuit Court of Knox counfy; the Hon. George W. Thompson, Judge, presiding.
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Appeal from the Appellate Court for the Second District;-—-heard in that court on appeal from the Circuit Court of Knox counfy; the Hon. George W. Thompson, Judge, presiding. Appellant and two other persons, by separate suits, sued the city of Galesburg, in the circuit court of Knox county, in an action of assumpsit, filing the_ common counts only, and laying the damages in each case in the sum of $364.40. The general issue was filed, and a stipulation was then entered into by all the plaintiffs in the several suits with the city that the suits should be consolidated and tried as one. The…
1Opinion of the CourtJustice Ricks
Using the language of appellant, the two main reasons urged ag'ainst the validity of the ordinance are: “(1) By imposing a license fee on wholesale liquor dealers and none on dram-shops (other than what they paid before) it discriminates in favor of the dram-shop keeper and against the wholesaler; (2) municipalities have no power to cover, by license, dram-shop keeping and wholesaleing, or any two or more licensed callings.”
The city of Galesburg is organized under the general laws of the State and its charter powers are defined by the City and Village act. By that act express power is…
2Cases cited3 opinions
- Schwuchow v. City of ChicagoIllinois Supreme Court · 1873
- Dennehy v. City of ChicagoIllinois Supreme Court · 1887
- City of Cairo v. FeuchterIllinois Supreme Court · 1895
3Cited by6 opinions
- Turner v. . New BernSupreme Court of North Carolina · 1924
- Grumbach v. LelandeCalifornia Supreme Court · 1908
- Turner v. City of New BernSupreme Court of North Carolina · 1924
- City of Fairfield v. PappasIllinois Supreme Court · 1935
- City of Greencastle v. ThompsonIndiana Supreme Court · 1907
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