State ex rel. Ryan v. Wooten
Missouri Court of Appeals
Appeal from Lawrence Circuit Court. — Hon. F. Ü. Johnston, Judge. (1) The motion for judgment should have been sustained. R. S. 1899, secs. 3027, 3028 and 6300. (2) The motion for new trial should have been sustained. Land Co. v. Quinn, 172 Mo. 563. (3) The court should have sustained the motion in arrest of judgment.
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Appeal from Lawrence Circuit Court. — Hon. F. Ü. Johnston, Judge. (1) The motion for judgment should have been sustained. R. S. 1899, secs. 3027, 3028 and 6300. (2) The motion for new trial should have been sustained. Land Co. v. Quinn, 172 Mo. 563. (3) The court should have sustained the motion in arrest of judgment. Sturgeon v. Hampton, 88 M'o. 203. (4) When the city-council determined the fact that Pierce City had over twenty-five hundred inhabitants, the courts of this State should take judicial notice of the number of inhabitants without further proof thereof. R. S. 1899, secs. 6373;…
1Opinion of the Court
OPINION.
NIXON, P. J.
(after stating the facts). — The statute concerning dramshops (R. S. 1899, sec. 2993) provides that when the petition for a dramshop license is signed by two-thirds of the assessed taxpaying citizens in the block, and its requirements are complied with, the county court shall grant such license. This statute is mandatory when the petitioner complies with the requirements. The question then resolves itself into one of legal duty that may be enforced by mandamus. [State ex rel. v. Turner, 210 Mo. 77, 107 S. W. 1064; State ex rel. v. Meyers, 80 Mo. 601; Bean v. County Court,…
2Cases cited10 opinions
- State v. SearcyMissouri Court of Appeals · 1890
- Bean v. County CourtMissouri Court of Appeals · 1889
- State ex rel. Fitzpatrick v. MeyersSupreme Court of Missouri · 1883
- State v. DuganSupreme Court of Missouri · 1892
- State ex rel. Sheffel v. McCammonMissouri Court of Appeals · 1905
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3Cited by4 opinions
- Union Electric Co. v. Cuivre River Electric Cooperative, Inc.Missouri Court of Appeals · 1978
- State ex rel. Pollard v. BrasherMissouri Court of Appeals · 1918
- State ex rel. City of Elvins v. MarshallMissouri Court of Appeals · 1914
- State v. JaegerMissouri Court of Appeals · 1911