Smith v. Berryman
Missouri Court of Appeals
Appeal from Iron Circuit Court.—Hon. E. M. Bearing, Judge. (1) The mandamus case was disposed -of upon a motion of the relator for peremptory mandamus. State ex rel. v. Berryman, 142 Mo. App. 378. (2) The motion for peremptory writ on the return was in effect a demurrer. State ex rel.
Read the full summary
Appeal from Iron Circuit Court.—Hon. E. M. Bearing, Judge. (1) The mandamus case was disposed -of upon a motion of the relator for peremptory mandamus. State ex rel. v. Berryman, 142 Mo. App. 378. (2) The motion for peremptory writ on the return was in effect a demurrer. State ex rel. Snyder v. Newman, 91 Mo. 451. (3) The plaintiff brought this mandamus suit, the defendants made due return to the alternative writ, the facts were agreed upon in writing by both parties in the mandamus case and the relator filed his motion for a peremptory writ, which, motion was in effect a demurrer. The motion…
1Opinion of the Court
Statement.
—Poplar Bluff, in Butler county, this State, is a city of the third class. Plaintiff, respondent here, filed an application and petition in the office of the city clerk, for a license to conduct a dramshop in a building on a certain lot in that city. Later the county court of Butler county granted plaintiff a license to keep a dramshop. Plaintiff thereupon paid to the city the amount required by the city ordinance for a dram-shop license. Plaintiff’s petition being presented to the city council, that body refused the license.
The governing body of cities of the third class is…
2Cases cited15 opinions
- Kendall v. StokesSupreme Court of the United States · 1845
- Grider v. TallySupreme Court of Alabama · 1884
- Amy v. The SupervisorsSupreme Court of the United States · 1871
- City of St. Louis v. MeintzSupreme Court of Missouri · 1891
- People Ex Rel. Aspinwall v. Supervisors of RichmondNew York Court of Appeals · 1863
10 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Smith v. BerrymanSupreme Court of Missouri · 1917
- Yates v. DurkMissouri Court of Appeals · 1971
- Industrial Commission v. StongSupreme Court of Colorado · 1925
- Seattle, R. & S. Ry. Co. v. City of SeattleDistrict Court, W.D. Washington · 1914