Legal Opinion

State ex rel. Sheffel v. McCammon

Missouri Court of Appeals

Decided April 3, 1905PublishedCited by 18 opinions

Appeal from Gentry Circuit Court. — Hon. Wm. G. Ellison, Judge. (1) A municipality has no powers except those expressly granted in its charter, and its ordinances must be consistent with its charter powers, and in harmony with the general laws of the State relating to the same subjects. Wood v. .Kansas City, 162 Mo. 303; Paris v. Graham, 33 Mo. 94; Quinette y. St. Louis, 76 Mo. 402; Kansas City y. Hallett, 59 Mo. App. 160; Dillon Mun. Corp. sec. 319; State y. Fladd, 23 Mo.

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Appeal from Gentry Circuit Court. — Hon. Wm. G. Ellison, Judge. (1) A municipality has no powers except those expressly granted in its charter, and its ordinances must be consistent with its charter powers, and in harmony with the general laws of the State relating to the same subjects. Wood v. .Kansas City, 162 Mo. 303; Paris v. Graham, 33 Mo. 94; Quinette y. St. Louis, 76 Mo. 402; Kansas City y. Hallett, 59 Mo. App. 160; Dillon Mun. Corp. sec. 319; State y. Fladd, 23 Mo. App. 185; Ex parte Joffee, 46 Mo. App. 367 loe. cit. (2) “The ordinances of the city relating to this subject are…

1Opinion of the CourtEllison, J.

This is a mandamus proceeding to compel respondents, who are the mayor and board of aldermen of the city of Albany, Missouri, to issue to relator a license to keep á dramshop within the limits of such city. A motion to quash the writ and dismiss the petition was sustained by the circuit court and the relator took an appeal.

The facts stated in the petition are that the city of Albany contains more than two thousand inhabitants. That relator possessed all the necessary qualifications to become a dramshop keeper and that he presented a proper application and bond, and also a petition containing…

2Cases cited14 opinions

  1. State ex rel. Wyatt v. AshbrookSupreme Court of Missouri · 1900
  2. Champer v. City of GreencastleIndiana Supreme Court · 1893
  3. Bean v. County CourtMissouri Court of Appeals · 1889
  4. State ex rel. Fitzpatrick v. MeyersSupreme Court of Missouri · 1883
  5. Wood v. Kansas CitySupreme Court of Missouri · 1901

9 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. State ex rel. Barrett v. HitchcockSupreme Court of Missouri · 1912
  2. State Ex Rel. Wagner v. FieldsMissouri Court of Appeals · 1924
  3. State ex rel. Kehr v. TurnerSupreme Court of Missouri · 1908
  4. City of Meadville v. CaselmanMissouri Court of Appeals · 1950
  5. State ex rel. Heller v. ThornhillMissouri Court of Appeals · 1913

13 more not listed; retrieve them via the Exa API.

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