Legal Opinion

Post v. Village of Sparta

Michigan Supreme Court

Decided October 7, 1885PublishedCited by 7 opinions

Motion for order to show cause. Eelator, a resident of the township of Plainfield, in Kent county, wishing to go into the saloon 'business in the village of Sparta, presented a bond in accordance with the requirements of the Liquor Law (Act 259 of 1881) to the common council of that village. As the council had never fixed the penal sum for such bonds, it was drawn in the sum of $6000, which is the maximum amount required by the State law.

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Motion for order to show cause. Eelator, a resident of the township of Plainfield, in Kent county, wishing to go into the saloon 'business in the village of Sparta, presented a bond in accordance with the requirements of the Liquor Law (Act 259 of 1881) to the common council of that village. As the council had never fixed the penal sum for such bonds, it was drawn in the sum of $6000, which is the maximum amount required by the State law. No objection was made to the sureties, who had duly justified on oath, but the council, without referring the bond to any committee, rejected it for no…

1Opinion of the Court

The Court

denied the writ on the ground that the village of Sparta was organized under the General Incorporation Law, which was so amended in 1883 (Act 52) as to give the villages organized thereunder the right to suppress saloons.

2Cited by7 opinions

  1. Feek v. Township Board of BloomingdaleMichigan Supreme Court · 1890
  2. Timm v. Common Council of Caledonia StationMichigan Supreme Court · 1907
  3. Fuchs v. Common CouncilMichigan Supreme Court · 1911
  4. People v. WhiteMichigan Court of Appeals · 1979
  5. Person v. OkesSupreme Court of Minnesota · 1947

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