Legal Opinion

State ex rel. Stout v. Duncan

Missouri Court of Appeals

Decided July 12, 1910PublishedCited by 2 opinions

Appeal from Gape Girardeau Common Pleas Court.— Eon. Robert G. Ranney, Judge. (1) Gage’s petition for a dramshop license, being an application under section 2997, R. S. 1899, the county court in passing on the qualifications of his signers was not bound by the “last previous annual assessment and vote of the town.” R. S. 1899, sec. 2997; Scarrit v. Jackson County, 89 Mo.

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Appeal from Gape Girardeau Common Pleas Court.— Eon. Robert G. Ranney, Judge. (1) Gage’s petition for a dramshop license, being an application under section 2997, R. S. 1899, the county court in passing on the qualifications of his signers was not bound by the “last previous annual assessment and vote of the town.” R. S. 1899, sec. 2997; Scarrit v. Jackson County, 89 Mo. App. 593. (2) Relators sought to have the action of the county court in receiving certain testimony and rejecting other, reviewed by the court. This cannot be done by a writ of certiorari. State ex rel. v. County Court, 45…

1Opinion of the CourtReynolds, P. J.

(after stating the facts).— Without passing upon this application for supersedeas or in any wise determining that point, we concluded to hear the case on its merits, and it has accordingly been fully argued by counsel. At the outset, it is well to observe that, prior to the Act of May 14, 1909, it was only by the consent and appearance of the parties there, that the court of common pleas had jurisdiction in this case. [Scott Hardware *409Co. v. Riddle, 84 Mo. App. 275.] It is urged by counsel that the county court of Butler county, in accepting the assessment list of the taxpayers, based on the…

2Cases cited9 opinions

  1. Leonard v. SparksSupreme Court of Missouri · 1893
  2. State ex rel. Heimburger v. WellsSupreme Court of Missouri · 1908
  3. Chicago, Rock Island & Pacific Railway Co. v. YoungSupreme Court of Missouri · 1888
  4. In re the Saline County Subscription, ThompsonSupreme Court of Missouri · 1869
  5. State ex rel. Campbell v. HeegeMissouri Court of Appeals · 1889

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3Cited by2 opinions

  1. State ex rel. Rippee v. ForestMissouri Court of Appeals · 1914
  2. State Ex Rel. Workman v. JudenMissouri Court of Appeals · 1925

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