Legal Opinion

State ex rel. Bell v. St. Louis Club

Supreme Court of Missouri

Decided December 4, 1894PublishedCited by 24 opinions

Appeal from St. Louis City Circuit Court. — Hon. L. B. Valliant, Judge. The sale or traffic in liquor in Missouri in quantities of less than three gallons is regulated by statute and is required to be carried on under a license first had and obtained for the purpose, and known as a dramshop license. The business can not be pursued except in conformity with law.

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Appeal from St. Louis City Circuit Court. — Hon. L. B. Valliant, Judge. The sale or traffic in liquor in Missouri in quantities of less than three gallons is regulated by statute and is required to be carried on under a license first had and obtained for the purpose, and known as a dramshop license. The business can not be pursued except in conformity with law. If one is a corporation and is for this reason excluded from the class of persons to whom dramshop licenses are issued, it must abstain from the business. This statute is to be observed, not evaded. The business of the defendant in…

1Opinion of the CourtGrantt, P. J.

The circuit attorney of the eighth judicial circuit, on October 12,1893, filed in the circuit court of the city of St. Louis, an information in the nature of a quo warranto, substantially in the following terms:

The relator states that he is the excise commissioner of the city of St. Louis, duly appointed by the governor of this state, under and pursuant to an act of the general assembly entitled, “An act to create the office of excise commissioner,” etc., approved March 17, 1893, and that he has exclusive authority to grant dramshop licenses in said city.

That the respondent is a corporation…

2Cases cited17 opinions

  1. Martin v. StateSupreme Court of Alabama · 1877
  2. Commonwealth v. PomphretMassachusetts Supreme Judicial Court · 1884
  3. Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1869
  4. People v. SouleMichigan Supreme Court · 1889
  5. Seim v. StateCourt of Appeals of Maryland · 1881

12 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. State ex inf. Hadley v. Delmar Jockey ClubSupreme Court of Missouri · 1906
  2. State v. DukeTexas Supreme Court · 1911
  3. Cuzner v. the California ClubCalifornia Supreme Court · 1909
  4. State v. DukeTexas Supreme Court · 1911
  5. South Shore Country Club v. PeopleIllinois Supreme Court · 1907

19 more not listed; retrieve them via the Exa API.

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