State ex rel. Church v. Weeks
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — Hon. M. Gr. MoG-regor, Judge. (1) The council of the city had no authority to order the election, as it is admitted in the case that there was not sufficient number of voters signed either one of the two petitions upon which the order was made, and the petitions were dissimilar in every respect.
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Appeal from the Jasper Circuit Court. — Hon. M. Gr. MoG-regor, Judge. (1) The council of the city had no authority to order the election, as it is admitted in the case that there was not sufficient number of voters signed either one of the two petitions upon which the order was made, and the petitions were dissimilar in every respect. (2) The local option law requires one petition, and not two; the petitions being different — one calling for an election under the local option law, the other to vote on a question of license. Acts, 1887, sec. 1, p. 180. (3) The notice calling the election is…
1Opinion of the Court
Smith, P. J. —
This is a proceeding by mandamus brought by the relator against the respondents, who are justices "of the county court of Jasper county, to compel them in their quality as such justices to grant him a license to keep a dramshop in the city of Carthage. The return of the respondents pleaded as reasons why they should not be compelled to grant said license to the relator: (1) That the act of the general assembly of the state entitled “an act to provide for the preventing of the evils of intemperance by local option in any county in this state, and in cities of twenty-five hundred…
2Cases cited1 opinion
- Sturgeon v. HamptonSupreme Court of Missouri · 1885
3Cited by9 opinions
- O'Laughlin v. City of KirkwoodMissouri Court of Appeals · 1904
- State ex rel. Fahrman v. RossMissouri Court of Appeals · 1912
- State ex rel. Hennesmeyer v. ReidMissouri Court of Appeals · 1908
- State v. MackinMissouri Court of Appeals · 1892
- State v. RobertsonMissouri Court of Appeals · 1910
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