State ex rel. Reider v. Moniteau County Court
Missouri Court of Appeals
Certiorari to Moniteau County Court. (1) The county court had no jurisdiction to hear the application for a dramshop license at the same term at which the petition was filed. The statute expressly provides that “said petition shall be filed in the office of the clerk of the county court, and by said clerk laid before the court at the first term thereafter.”
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Certiorari to Moniteau County Court. (1) The county court had no jurisdiction to hear the application for a dramshop license at the same term at which the petition was filed. The statute expressly provides that “said petition shall be filed in the office of the clerk of the county court, and by said clerk laid before the court at the first term thereafter.” R. S. 1889, sec. 4576. This provision “is mandatory and means ■what it says, and that, in order to give the county court jurisdiction to grant the license, a petition, conformable to the statute, must have been filed with the clerk of the…
1Opinion of the CourtEllison, J.
— On application of relators a writ of ■certiorari was issued commanding the county court of Moniteau county to transmit to this court the record ■of the proceedings had in that court in the matter of the application of George R. Keister & Co. for a dramshop license. In obedience to this writ there has been .returned to us a full record of such proceedings including the original papers.
By reference to the case of State ex rel. Harrah v. Cauthorn, 40 Mo. App. 94, it will be seen that in cases of this nature we have nothing to do with the propriety of the action of the county court. If the…
2Cases cited10 opinions
- Birdsall v. PhillipsNew York Supreme Court · 1837
- Chicago, Rock Island & Pacific Railway Co. v. YoungSupreme Court of Missouri · 1888
- Stokes v. KnarrWisconsin Supreme Court · 1860
- State v. EvansSupreme Court of Missouri · 1884
- Johnson v. MossNew York Supreme Court · 1838
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3Cited by26 opinions
- State ex inf. Hadley v. Delmar Jockey ClubSupreme Court of Missouri · 1906
- State ex rel. Kansas & Texas Coal Railway v. SheltonSupreme Court of Missouri · 1900
- State ex rel. Pulliam v. FortMissouri Court of Appeals · 1904
- State ex rel. Bristol v. WalbridgeMissouri Court of Appeals · 1897
- State ex rel. Robinson v. Mayor of AldermenMissouri Court of Appeals · 1894
21 more not listed; retrieve them via the Exa API.