Litzelman v. Town of Fox

Mr. -Justice Murphy

delivered the opinion of the court.

April 7, 1935, pursuant to the provisions of the Dram Shop Act, there was submitted to the voters of Fox Township, Jasper county, the question whether the sale at retail of alcoholic liquor should be prohibited in said township. The affirmative of the proposition carried by a majority of eight votes.

Theodore Litzelman and four others, voters and taxpayers of said township, who are herein referred to as plaintiffs, filed a complaint in the circuit court of Jasper county, charging irregularities in the count of the ballots and prayed for a…