State ex rel. Verble v. Haupt
Missouri Court of Appeals
ProMbition. Original Proceeding. The petition of Holt and Dalton, while limiting its prayer to the revocation of the license, does, in fact, seek to reopen and review the judgment of the county court rendered at a former term and to set aside and annul said judgment. Verble’s motion to strike out was leveled at matters in the petition of Holt and Dalton over which the court had no jurisdiction.
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ProMbition. Original Proceeding. The petition of Holt and Dalton, while limiting its prayer to the revocation of the license, does, in fact, seek to reopen and review the judgment of the county court rendered at a former term and to set aside and annul said judgment. Verble’s motion to strike out was leveled at matters in the petition of Holt and Dalton over which the court had no jurisdiction. The court overruled the motion and declared its purpose, by record entry, to grant a hearing on all matters alleged in the petition. The court thereby committed itself to a review and retrial of the…
1Opinion of the CourtNortoni, J.
This is a proceeding in prohibition issued by virtue of the original jurisdiction of this court, under the Constitution, pertaining to such matters.
The writ is directed to the county court of Cape Girardeau county and the judges thereof, for it pertains to a proceeding pending in that court whereby it is sought to revoke a dramshop license.
The petitioner, Sidney Verble, owns and maintains a dramshop at No. 723 S. Fountain street in the city of Cape Girardeau. Several citizens filed a petition in the county .court of that county seeking to revoke Verble’s dramshop license on numerous grounds…
2Cases cited15 opinions
- State ex rel. Ellis v. ElkinSupreme Court of Missouri · 1895
- State v. EvansSupreme Court of Missouri · 1884
- State ex rel. Campbell v. HeegeMissouri Court of Appeals · 1889
- State v. SeeboldSupreme Court of Missouri · 1906
- Western Manufacturing Co. v. WoodsonSupreme Court of Missouri · 1895
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3Cited by1 opinion
- State Ex Rel. Renner v. NoelSupreme Court of Missouri · 1940