State ex rel. Zeglin v. Board of County Commissioners
Supreme Court of Minnesota
Appeal by relator from an order of the district court for Carver county, Cadwell, J., quashing an alternative writ of mandamus. The board could not antedate the license. A license to sell liquor cannot relate back. Black, Intox. Liq. § 122; State v. Hughes, 24 Mo. 147; Edwards v. State, 22 Ark. 253; Kingston v. Osterhoudt, 23 Hun, 66; Commonwealth v. Welch, 114 Mass. 356. Mandamus is the proper proceeding to correct the error of the board. Black, Intox.
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Appeal by relator from an order of the district court for Carver county, Cadwell, J., quashing an alternative writ of mandamus. The board could not antedate the license. A license to sell liquor cannot relate back. Black, Intox. Liq. § 122; State v. Hughes, 24 Mo. 147; Edwards v. State, 22 Ark. 253; Kingston v. Osterhoudt, 23 Hun, 66; Commonwealth v. Welch, 114 Mass. 356. Mandamus is the proper proceeding to correct the error of the board. Black, Intox. Liq. § 172; Batters v. Dunning, 49 Conn. 479; Collarn’s Petition, 134 Pa. St. 551, 19 Atl. 755; Schlaudecker v. Marshall, 72 Pa. St. 200;…
1Opinion of the CourtMitchell, J.
On September 7, 1893, the relator applied to the respondents for a license for one year from that date to sell intoxicating liquors at a place named. The board appointed November 14, 1893, as the day for hearing the application, and upon such hearing adopted the following resolution: “Resolved, that the bond of said R. Zeglin upon his application be approved, and that the said license to sell at said place be granted to him to expire July 1, 1894, being for one year from July 1, 1893. Said license being so granted pursuant to stipulation, upon which prosecution of said Zeglin for sale of…
2Cited by7 opinions
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