State ex rel. Kohlman v. Wagener
Supreme Court of Minnesota
Upon the relation of William L. Kohlman the district court for Kamsey county granted its writ of habeas corpus directed to John Wagener, as sheriff of that county. The sheriff made return that he held relator by virtue of a commitment from the municipal court of St. Paul for selling intoxicating liquor without first obtaining a license therefor and requiring relator to give bail for his personal appearance before the district court to answer such charge.
Read the full summary
Upon the relation of William L. Kohlman the district court for Kamsey county granted its writ of habeas corpus directed to John Wagener, as sheriff of that county. The sheriff made return that he held relator by virtue of a commitment from the municipal court of St. Paul for selling intoxicating liquor without first obtaining a license therefor and requiring relator to give bail for his personal appearance before the district court to answer such charge. The matter was heard before Michael, J., who discharged relator. Prom the order of discharge, defendant appealed.
1Opinion of the CourtHallam, J.
Petitioner was prosecuted in the St. Paul municipal court for selling intoxicating liquors without a license, on May 10, 1915, at a place outside of any city, village or borough. He justified under a license issued by the board of county commissioners of Ramsey county May 3, 1915. The state invokes chapter 147, p. 205, Laws 1915, which forbids the issuance of any license to sell intoxicating liquors except in cities, villages and boroughs. The municipal court held petitioner to the grand jury and committed him to the custody of defendant sheriff. Petitioner procured a writ of habeas corpus to…
2Cases cited17 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Field v. ClarkSupreme Court of the United States · 1892
- Lommen v. Minneapolis Gaslight Co.Supreme Court of Minnesota · 1896
- In re Ellis' EstateSupreme Court of Minnesota · 1893
- Burt v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1884
12 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Barnsdall Refining Corp. v. WelshSouth Dakota Supreme Court · 1936
- Bull v. KingSupreme Court of Minnesota · 1939
- Cox v. Stults Eagle Drug Co.Arizona Supreme Court · 1933
- Premier v. Photo Service, Inc.West Virginia Supreme Court · 1962
- State Ex Rel. Buford v. CarleySupreme Court of Florida · 1925
10 more not listed; retrieve them via the Exa API.