Legal Opinion

Wells v. Torrey

Michigan Supreme Court

Decided July 3, 1906No. Calendar No. 21,794PublishedCited by 6 opinions

Certiorari to Genesee; Wisner, J. Mandamus by Frank L. Wells to compel James M. Torrey, justice of the peace, to entertain a complaint and issue a warrant. There was an order granting the writ, and respondent brings certiorari.

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Certiorari to Genesee; Wisner, J. Mandamus by Frank L. Wells to compel James M. Torrey, justice of the peace, to entertain a complaint and issue a warrant. There was an order granting the writ, and respondent brings certiorari. The common council of the city of Flint has power to enact ordinances: “To restrain, license and regulate saloons and other places where intoxicating or spirituous liquors or malt, brewed, fermented spirituous, or vinous liquors are sold nr to be sold, and to regulate and prescribe the location thereof; to forbid and, prevent the vending or other disposition of any…

1Opinion of the CourtOstrander, J.

(after stating the facts). The validity of the most of the objections set up could not be admitted in this court without overruling the cases of Sherlock v. Stuart, 96 Mich. 193 (21 L. R. A. 580), and People v. Blow, 120 Mich. 45, and we are not inclined to overrule either of these cases. It is settled law that license fees may be imposed for regulation or for revenue, and that the grant of a license may be made by the State directly, or it may be made indirectly through one of the municipal corporations of the State. A municipal corporation has no inherent power to grant licenses or to exact…

2Cases cited2 opinions

  1. Sherlock v. StuartMichigan Supreme Court · 1893
  2. People v. BlomMichigan Supreme Court · 1899

3Cited by6 opinions

  1. Ensley ex rel. Brown v. StateIndiana Supreme Court · 1909
  2. In re CraigHawaii Supreme Court · 1911
  3. People v. CaseMichigan Supreme Court · 1908
  4. People v. GrantMichigan Supreme Court · 1909
  5. Kenaston v. RikerMichigan Supreme Court · 1906

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