State ex rel. Shaw v. Baker
Missouri Court of Appeals
Original proceeding by mandamus. By the averments of the writ every element of discretion under the ordinance is eliminated from the case, and the ordinance, which is as ranch the law of the city of Kolia as the statute itself, provides that upon compliance with its provisions the council “ shall order a license to be issued,” and mandamus will lie to enforce this command.
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Original proceeding by mandamus. By the averments of the writ every element of discretion under the ordinance is eliminated from the case, and the ordinance, which is as ranch the law of the city of Kolia as the statute itself, provides that upon compliance with its provisions the council “ shall order a license to be issued,” and mandamus will lie to enforce this command. State ex rel. v. Meyers, 80 Mo. 601. The same principle as to the remedy is recognized in Beelc v. Jackson, 43 Mo. 117 ; State ex rel. ». Burckharit, 87 Mo. 533 ; State ex rel. v. Fond, 93 Mo. 606 ; Amper se v. City, 26 N.…
1Opinion of the CourtRombauer, P. J.
The respondents move to quash the alternative writ issued herein on the ground that it states no facts which entitle the relator to the remedy he seeks.
The material facts stated in the writ, which this motion concedes to be true, are substantially as follows :
The city of Rolla is a municipal corporation. Prior to July 4, 1888, and on said date, certain ordinances were laws governing said corporation. One of said ordinances provided that the tax for a dram-shop license should be seventy-five dollars. Another of said ordinances provided that, “No action, prosecution, suit, or proceeding,…
2Cases cited3 opinions
- State ex rel. Fitzpatrick v. MeyersSupreme Court of Missouri · 1883
- City of Hannibal v. GuyottSupreme Court of Missouri · 1853
- McElhany v. McHenrySupreme Court of Missouri · 1858
3Cited by12 opinions
- Muench v. South Side National BankSupreme Court of Missouri · 1952
- State ex inf. Harvey v. Missouri Athletic ClubSupreme Court of Missouri · 1914
- State ex rel. Getchel v. BradishWisconsin Supreme Court · 1897
- Ison v. Mayor of GriffinSupreme Court of Georgia · 1896
- Ex Parte BroussardCourt of Criminal Appeals of Texas · 1913
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