State ex rel. Fitzpatrick v. Meyers
Supreme Court of Missouri
Appeal from Nodaway Circuit Court. — HoN. H. S. Kelley, Judge. Revised Statutes, section 5438, as amended by Laws of 1883, page 87, means that, a dramshop petition shall be signed by two-thirds of the assessed tax-paying citizens of the city.
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Appeal from Nodaway Circuit Court. — HoN. H. S. Kelley, Judge. Revised Statutes, section 5438, as amended by Laws of 1883, page 87, means that, a dramshop petition shall be signed by two-thirds of the assessed tax-paying citizens of the city. Unless the legislature so intended, section 5438 would seriously conflict with section 5442, and a county court in many instances might be compelled to grant dram-shop licenses on petitions containing less than one-half, One-third or even one-fourth of the names of the tax-payers m the. block at the time of signing the petition. If the construction…
1Opinion of the CourtNorton, J.
This is a proceeding to compel the county court of Nodaway county, Missouri, by the writ of mandamus, to issue a dramshop license to the relator.
On the 6tli day of December, 1883, the relator, Thomas Fitzpatrick, filed with the clerk of the county court of Nod-away county, Missouri, under sections 5438 and 5442 of the Revised Statutes, a petition asking that a license be granted to him to keep a dramshop in his place, being a room on the ground floor in a certain brick building, having a frontage of twenty-two feet, situated on the east one-third of lot 2, in block 6, in the original town…
2Cited by20 opinions
- State ex rel. Morse v. BurckharttSupreme Court of Missouri · 1885
- State ex rel. Reider v. Moniteau County CourtMissouri Court of Appeals · 1891
- Bean v. County CourtMissouri Court of Appeals · 1889
- State ex rel. Sheffel v. McCammonMissouri Court of Appeals · 1905
- State ex rel. Kehr v. TurnerSupreme Court of Missouri · 1908
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