Swarth v. People ex rel. Paxton
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Elliott Anthony, Judge, presiding. This is an appeal from a judgment of the Superior Court of the county of Cook, purporting to oust appellants from the exercise of “the franchise, privilege and license of selling intoxicating liquors at retail, in less quantities than one gallon, ” and imposing a fine upon them for usurping “the franchise, privilege and license described in the information, ” which was “the franchise…
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Appeal from the Superior Court of Cook county; the Hon. Elliott Anthony, Judge, presiding. This is an appeal from a judgment of the Superior Court of the county of Cook, purporting to oust appellants from the exercise of “the franchise, privilege and license of selling intoxicating liquors at retail, in less quantities than one gallon, ” and imposing a fine upon them for usurping “the franchise, privilege and license described in the information, ” which was “the franchise and privilege of keeping a dram-shop and liquor saloon, and of selling intoxicating liquors at retail, in less quantity…
1Opinion of the CourtJustice Dickey
The court is unanimous in the opinion that the act of June 15, 1883, called the “High License law, ” is valid and constitutional. That question was settled by the decision in Timm v. Harrison, (ante, p. 593,) and needs no further discussion here. A majority of this court, after careful consideration, are of opinion that the judgment in this case should be reversed, and the information dismissed, and that is the judgment to be entered in this case.
We think the license set up by appellants is a valid license, and justifies their right and lawful authority to retail liquors, as claimed by them.…
2Cited by14 opinions
- La Salle National Bank v. City of ChicagoIllinois Supreme Court · 1954
- Gundling v. City of ChicagoIllinois Supreme Court · 1898
- People ex rel. City of Chicago v. Chicago Telephone Co.Illinois Supreme Court · 1906
- State Ex Rel. Watkins v. FernandezSupreme Court of Florida · 1932
- Martens v. People ex rel. SearleIllinois Supreme Court · 1900
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