State ex rel. Miller v. Reiter
Supreme Court of Minnesota
Upon the relation of George E. Miller, the district court for Olmsted county granted its alternative writ of mandamus directed to Julius J. Better, commanding him as mayor of the city of Eochester to sign the license permitting relator to sell intoxicating liquors at the place specified in relator’s application to the common council of that city. Eelator demurred to sections 4 and 5 of the answer.
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Upon the relation of George E. Miller, the district court for Olmsted county granted its alternative writ of mandamus directed to Julius J. Better, commanding him as mayor of the city of Eochester to sign the license permitting relator to sell intoxicating liquors at the place specified in relator’s application to the common council of that city. Eelator demurred to sections 4 and 5 of the answer. The demurrer was sustained, Callaghan, J. The motion of relator to strike out the answer as sham and frivolous was granted, and judgment ordered granting a peremptory writ. From the judgment entered…
1Opinion of the Court
HalláM, J.
At the last election the city of Rochester voted to license liquor selling and the city council granted a license to relator. The mayor refused to sign. This proceeding in mandamus was commenced to compel him to do so.
Defendant answered admitting the foregoing facts and alleged, in section 4, that the city council refused to investigate relator’s character or his record, failed to determine that he was of good moral character or otherwise qualified to hold a license, and in section 5 that relator is not a person of good moral character, that within one year he had knowingly violated…
2Cases cited7 opinions
- Fidelity & Casualty Co. v. EickhoffSupreme Court of Minnesota · 1895
- Langworthy v. GardingSupreme Court of Minnesota · 1898
- State ex rel. Howie v. Common CouncilSupreme Court of Minnesota · 1904
- Braconier v. PackardMassachusetts Supreme Judicial Court · 1883
- State ex rel. Schade v. RussellMissouri Court of Appeals · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Paron v. City of ShakopeeSupreme Court of Minnesota · 1948
- Miller v. ReiterSupreme Court of Minnesota · 1923
- State v. RosensteinSupreme Court of Minnesota · 1921
- State ex rel. Village of Chisholm v. TraskSupreme Court of Minnesota · 1923
- Cleveland v. County of RiceSupreme Court of Minnesota · 1952
3 more not listed; retrieve them via the Exa API.