Legal Opinion

State ex rel. Davis v. J. H. Baldwin

Missouri Court of Appeals

Decided November 7, 1904PublishedCited by 7 opinions

Appeal from Polk Circuit Court. — Hon. Argus Cox, Judge. (1) There was no order for an election until the pretended nunc pro time entry, which was made on the day of the trial in the circuit court; to-wit,’on the 24th day of August, 1904. (2) There wasno notice of the election. The pretended notice is no notice.

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Appeal from Polk Circuit Court. — Hon. Argus Cox, Judge. (1) There was no order for an election until the pretended nunc pro time entry, which was made on the day of the trial in the circuit court; to-wit,’on the 24th day of August, 1904. (2) There wasno notice of the election. The pretended notice is no notice. The publication purports to be a copy from the record of an order calling an election, when in fact no such record existed until the pretended nunc pro tunc entry made on the 24th day of August. (3) The pretended notice of election in the issue of June 23 is not signed by any one, has…

1Opinion of the CourtBroaddus, J.

This is a mandamus proceeding to compel respondents, the judges and clerk of the county court of Polk county, to issue to appellant a dramshop license for the second period of six months upon a petition filed with the said court January 1, 1904, upon which the first six months’ license was issued February 10 to keep a dramshop in lot 3, block 20 in the city of Bolivar.

Upon the trial it was admitted that relator was entitled to such license unless the provisions of article 3, chapter 22, Eevised Statutes 1899, known as the local option law, had been legally adopted and were in force in the…

2Cases cited3 opinions

  1. Missouri, Kansas & Eastern Railway Co. v. HolschlagSupreme Court of Missouri · 1898
  2. Ross v. RossSupreme Court of Missouri · 1884
  3. Page v. ChapinMissouri Court of Appeals · 1899

3Cited by7 opinions

  1. State ex rel. City of Memphis v. HackmanSupreme Court of Missouri · 1918
  2. State v. ForemanMissouri Court of Appeals · 1906
  3. State v. BushMissouri Court of Appeals · 1909
  4. Blickensderffer v. HannaSupreme Court of Missouri · 1910
  5. State v. GatlinMissouri Court of Appeals · 1910

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