Legal Opinion

State ex rel. Schade v. Russell

Missouri Court of Appeals

Decided May 12, 1908PublishedCited by 3 opinions

Original Proceeding for Writ of Mandamus. (1) The mayor of a city in signing a license for the sale of intoxicating liquor performs a purely ministerial duty; and if a license is granted by the board of aldermen the signing by the mayor may be enforced by mandamus. The law clothes the mayor with no power to review or revoke the act of the board. The law imposes upon him the mandatory and ministerial duty of signing the license. R. S. 1899, sec. 5951; 14 Am. and Eng. Enc.

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Original Proceeding for Writ of Mandamus. (1) The mayor of a city in signing a license for the sale of intoxicating liquor performs a purely ministerial duty; and if a license is granted by the board of aldermen the signing by the mayor may be enforced by mandamus. The law clothes the mayor with no power to review or revoke the act of the board. The law imposes upon him the mandatory and ministerial duty of signing the license. R. S. 1899, sec. 5951; 14 Am. and Eng. Enc. Law (1 Ed.), p. 171; Braconier v. Packard, 136 Mass. 50. (2) A ministerial duty of the mayor may be enforced by mandamus.…

1Opinion of the CourtGoode, J.

(after stating the facts). — Jackson is a city of the fourth class and section 5978 of the statutes (1899) relating to such cities, says the mayor and board of aldermen shall have power and authority to regulate all licenses and levy and collect the license tax on dram-shops. In the exercise of this power, ordinances, of which we have recited the portions relevant to the present proceeding, were enacted by the mayor and board of aldermen of Jackson to regulate the granting of saloon licenses. All the requirements of those ordinances, as well as of the statutes of the State relating to the *647gran…

2Cases cited16 opinions

  1. Austin & Northwestern Railroad v. CluckTexas Supreme Court · 1903
  2. Lingo v. BurfordSupreme Court of Missouri · 1892
  3. State v. EvansSupreme Court of Missouri · 1884
  4. State ex rel. Reider v. Moniteau County CourtMissouri Court of Appeals · 1891
  5. State ex rel. Abel v. GatesSupreme Court of Missouri · 1905

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3Cited by3 opinions

  1. State ex rel. Heller v. ThornhillMissouri Court of Appeals · 1913
  2. State ex rel. Miller v. ReiterSupreme Court of Minnesota · 1918
  3. State ex rel. Verble v. HauptMissouri Court of Appeals · 1914

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