State ex rel. Hanks & Miller v. Packett
Missouri Court of Appeals
Appeal from Clinton Circuit Court. — Hon. Alonso D. Burnes, Judge. (1) Mandamus is proper to compel the judges of a county court to hear and determine relators’ petition for dramshop and to require them to grant the license. Bean v. Barton Co. Court, 33 Mo. App. 644; State ex rel. y.
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Appeal from Clinton Circuit Court. — Hon. Alonso D. Burnes, Judge. (1) Mandamus is proper to compel the judges of a county court to hear and determine relators’ petition for dramshop and to require them to grant the license. Bean v. Barton Co. Court, 33 Mo. App. 644; State ex rel. y. Nodaway Co. Court, 80 Mo. 601; Sheridan v. Fleming, 93 Mo. 322. (T) Before the appellants could compel the issuance of a license, they must put themselves within the terms of section 2993, Revised Statutes 1899. Neither the petition for such license puts them within the terms of said section 2993. It is neither…
1Opinion of the CourtEllison, J.
The relators filed their petition for a writ of mandamus in the circuit court of Clinton county, to compel the county court of that county to grant them a license to keep a dramshop in the city of Plattsburg, a city of over two thousand inhabitants in *702such county. The circuit court refused a peremptory writ and relators appealed.
The respondents claim, among other reasons for refusing to issue the license, that Clinton county at a legal election for that purpose, adopted what is commonly known as the Local Option Law, whereby the sale of intoxicating liquors was prohibited under the provisions…
2Cases cited6 opinions
- State ex rel. Wyatt v. AshbrookSupreme Court of Missouri · 1900
- Bean v. County CourtMissouri Court of Appeals · 1889
- State ex rel. Fitzpatrick v. MeyersSupreme Court of Missouri · 1883
- State ex rel. Sheffel v. McCammonMissouri Court of Appeals · 1905
- Little Rock Grain Co. v. J. A. Brubaker & Co.Missouri Court of Appeals · 1901
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3Cited by2 opinions
- State ex rel. Heller v. ThornhillMissouri Court of Appeals · 1913
- State v. SmithMissouri Court of Appeals · 1910