State v. Smith
Missouri Court of Appeals
Original Proceedings in Mandamus. (1) The only authority and power which cities of the third class have with reference to the granting of dramshop licenses is “to levy and collect a license tax on liquor sellers.” When the license tax was paid by relator, he was entitled to the grant of a- license. Session Acts of Missouri 1907, p. 98; secs. 5857, 5835, R. S. 1899; Joplin v. Jacobs, 119 Mo.
Read the full summary
Original Proceedings in Mandamus. (1) The only authority and power which cities of the third class have with reference to the granting of dramshop licenses is “to levy and collect a license tax on liquor sellers.” When the license tax was paid by relator, he was entitled to the grant of a- license. Session Acts of Missouri 1907, p. 98; secs. 5857, 5835, R. S. 1899; Joplin v. Jacobs, 119 Mo. App. 134. (2) Eelator is not required to be a citizen of the city of Poplar Bluff in order to be entitled to the grant of a dramshop license. It is not a qualification fixed by statute. Sec. 2993, E. S.…
1Opinion of the CourtGray, J.
The relator is an applicant for license to keep a dramshop in the city of Poplar Bluff. Respondents are the mayor and councilmen of that city. An alternative writ was issued on a petition of the relator therefor, and respondents have made their return thereto.
The facts are practically agreed on. Poplar Bluff is a city of the third class and had at all times hereinafter mentioned, a population of more than two thousand. On the 25th day of January, 1910, relator filed in the office of the city clerk, an application and petition for a license to conduct a dramshop on lot 61 in said city.
The…
2Cases cited12 opinions
- State ex rel. Wyatt v. AshbrookSupreme Court of Missouri · 1900
- Ruschenberg v. Southern Electric RailroadSupreme Court of Missouri · 1901
- State v. ButlerSupreme Court of Missouri · 1903
- Longan v. WeltmerSupreme Court of Missouri · 1904
- City of St. Louis v. MeyerSupreme Court of Missouri · 1904
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State Ex Rel. Kramer v. SchwartzSupreme Court of Missouri · 1935
- State ex rel. Spriggs v. RobinsonSupreme Court of Missouri · 1913
- City of Waycross v. BellSupreme Court of Georgia · 1929
- State Ex Rel. Kopper Kettle Restaurants, Inc. v. City of St. RobertMissouri Court of Appeals · 1968
- State v. Business Men's ClubMissouri Court of Appeals · 1914
4 more not listed; retrieve them via the Exa API.