State ex rel. Kehr v. Turner
Supreme Court of Missouri
Appeal from Boone Circuit Court. — How. W. N. Evans, Special Judge. (1) When relator presented Ms application, taxpayers’ petition, oath, bond, statement, etc., in strict •conformity with the statutes, and the county court found all questions of fact in Ms favor, including the required two-tMrds majority of qualified signers to Ms petition, then under the terms of the statutes (R. S. 1899, sec. 2993), the granting of a license became a purely ministerial duty, the…
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Appeal from Boone Circuit Court. — How. W. N. Evans, Special Judge. (1) When relator presented Ms application, taxpayers’ petition, oath, bond, statement, etc., in strict •conformity with the statutes, and the county court found all questions of fact in Ms favor, including the required two-tMrds majority of qualified signers to Ms petition, then under the terms of the statutes (R. S. 1899, sec. 2993), the granting of a license became a purely ministerial duty, the performance of which he was entitled to enforce by mandamus, unless the Act of May 10, 1907, is a valid constitutional enactment.…
1Opinion of the Court
WOODSON, J. —
This is a proceeding by mandamus, instituted by relator in the circuit court of Boone county, against respondents as judges of the county court of that county, to compel them to issue to him a license to keep a dramshop in the city of Columbia.
The allegations of the alternative writ, which are confessed by the return, show that more than ten days before the September adjourned term, 1907, of the Boone County Court, the relator filed his application for a dramshop license, setting forth that he was an assessed, tax-paying, law-abiding male citizen, above twenty-one years of age,…
2Cases cited7 opinions
- Bean v. County CourtMissouri Court of Appeals · 1889
- Murnane v. City of St. LouisSupreme Court of Missouri · 1894
- State ex rel. Fitzpatrick v. MeyersSupreme Court of Missouri · 1883
- State v. SeeboldSupreme Court of Missouri · 1906
- State ex rel. Kinsey v. MesserlySupreme Court of Missouri · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State ex rel. Barrett v. HitchcockSupreme Court of Missouri · 1912
- Kristanik v. Chevrolet Motor Co.Supreme Court of Missouri · 1934
- State ex rel. Barker v. WurdemanSupreme Court of Missouri · 1914
- Davis v. Jasper CountySupreme Court of Missouri · 1927
- Woolley v. MearsSupreme Court of Missouri · 1910
10 more not listed; retrieve them via the Exa API.