State ex rel. Smith v. Dykeman
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. David E. Blair, Judge. (1) Certiorari is the only remedy available for reviewing the action of "the County Court in revoking the dramshop license of relators; State ex rel. v. Lichta, 130 Mo. App. 284; State ex rel. v. Smith, 176 Mo. 90; State v. Kirk, 112 Mo.
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Appeal from Jasper Circuit Court. — Hon. David E. Blair, Judge. (1) Certiorari is the only remedy available for reviewing the action of "the County Court in revoking the dramshop license of relators; State ex rel. v. Lichta, 130 Mo. App. 284; State ex rel. v. Smith, 176 Mo. 90; State v. Kirk, 112 Mo. App. 447. (2) The acts complained of by petitioner and found by the county court to be true, did not constitute the dramshop of relators a disorderly house. 2 McClain Criminal- Law, sec. 1137; Wharton Criminal Law (9 Ed.), sec. 1449;' 1 Bishop Criminal Law (8 Ed.), sec. 1106; Commonwealth v.…
1Opinion of the CourtCox, J.
Relators were licensed dramshop keepers in the city of Joplin, and on July 19, 1910, the county court, after a hearing upon a complaint filed, by Guy T. I-Iumes, mayor of the city of Joplin, revoked the dramshop license of relators. The relators then proceeded by certiorari in the circuit court for the purpose of having the orders of the county court revoking their license quashed and set aside. The circuit court refused to quash the proceedings of the county court and the relators have appealed to this court.
The office of a writ of certiorari is to give relief to an injured party when the…
2Cases cited12 opinions
- State v. LeeSupreme Court of Iowa · 1890
- Hawkins v. LuttonWisconsin Supreme Court · 1897
- Higgins v. TaltySupreme Court of Missouri · 1900
- State ex rel. Bentley v. ReynoldsSupreme Court of Missouri · 1905
- Barnett v. Pemiscot County CourtMissouri Court of Appeals · 1905
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3Cited by5 opinions
- State v. HesselmeyerSupreme Court of Missouri · 1938
- State ex rel. Carman v. RossMissouri Court of Appeals · 1914
- Anthonis v. QuinnMissouri Court of Appeals · 1976
- Collins v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1927
- Pessagno v. ConstableBaltimore City Superior Court · 1918