State ex rel. Kyger v. Justices of Holt County Court
Supreme Court of Missouri
Petition for Mandamus. I. The statute regulating the granting of a licence to keep a dram-shop does not vest a discretionary power upon the subject in the County Court — G-. S. 1865, ch. 98, §§ 2, 5, 7, 8, 9, 12, 14. II.
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Petition for Mandamus. I. The statute regulating the granting of a licence to keep a dram-shop does not vest a discretionary power upon the subject in the County Court — G-. S. 1865, ch. 98, §§ 2, 5, 7, 8, 9, 12, 14. II. Under the statute, he who complies with the provisions thereof, and is, in the opinion of the Court County, a person of good moral character, may of right demand the licence of the County Court; and when the court refuses to issue the licence to such person under such circumstances, the court may be compelled to do so by a peremptory mandamus— Austin v. State, 10 Mo. 591. The…
1Opinion of the CourtFagg, Judge
This is a petition asking for a mandamus to compel the justices of the County Court of Holt county to issue to the relator a licence to keep a dram-shop. It is shown by the petition that, at the August term, 1866, - of said court, and upon his application made in conformity with the requirement in all respects of the statute in such cases, a licence was granted to the said Nimrod J. Kyger to keep a dram-shop at the city of Oregon in said county, for the period of six months thereafter; that his application for a renewal of said licence for another period of six months was again presented at…
2Cases cited1 opinion
- Austin v. StateSupreme Court of Missouri · 1847
3Cited by7 opinions
- State Ex Rel. Renner v. NoelSupreme Court of Missouri · 1940
- Ex parte LevySupreme Court of Arkansas · 1884
- Perry v. City Council of Salt Lake CityUtah Supreme Court · 1891
- Burnham Hotel v. City of CheyenneWyoming Supreme Court · 1924
- Smyth v. ButtersUtah Supreme Court · 1910
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