State ex rel. Cope v. Bennett
State ex rel. Cope v. Bennett
Opinion of the Court
The relators, the respondents in this court, presented their petition at the relation of the State of Missouri to the circuit court of Dent county, praying that a writ of certiorari be issued requiring appellants, who constituted the county court of Dent county, commanding them to certify to the circuit court the record of their proceedings by which a dramshop liceusé was granted to J. L. Chambers. The allegations of the petition material to quote are that relators are resident, assessed, taxpaying citizens of the city of Salem, that the ^defendants compose the county court of Dent county, and on the 14th day of August, 1902, a proceeding was begun before such county court by J. L. Chambers to obtain a license for a dramshop in block 10, west side of the creek in the city of Salem, a city oless than two thousand inhabitants. That such county court, on the 14th day of August, acted therein without
After the issuance and service of the writ, the defendants appeared and filed a motion to quash, averring that the petition was not signed and verified as the law directs, being signed by J. J. Cope as petitioner and verified by his co-petitioners before him as notary public. The motion was overruled and in opposition to the writ, defendants, as justices of the county court, made a return to the circuit court of the record and. proceedings before them in the matter of the granting of the dramshop license in question, from which it appeared that the petition was filed August 20, 1902, and the license granted thereunder to Chambers for a period of six months from the 18th day of August, 1902. It further appears in the order of the county court granting the license that at the time the license was issued, no bond -had been tendered or approved by the county court, but a bond is among the proceedings, bearing no date or file-marks, but indorsed as taken and approved the .18th day of August, 1902, by J. H. Sharp, clerk of the county court.
1. As in this State no statutory provisions exist regulating proceedings for such writs, it must be assumed that the procedure is the same as at common law. State v. Schneider, 47 Mo. App. 669. In the absence of
2. By section 2995 of chapter 22, Revised Statutes 1899, governing dramshops and kindred subjects, before a license as a dramshop-keeper is permitted to- be granted, the county court is directed to require of the person applying for such license, that he give bond in the sum of $2,000, with two or more resident sureties to be approved by the court, conditioned as provided. The language of the statute is clear, explicit and unequivocal, and before the court had lawful authority to issue the license applied for, the terms under which it is to be granted must be complied with, and as a condition precedent to the issuance of the license, the applicant’s bond must be executed and approved by the court itself (State v. Schneider, 47 Mo. App. 669), and such facts should have affirmatively appeared in the record of the proceedings. The provisions of the statute are mandatory and not directory, and a substantial compliance with the requirements of the law is exacted to render valid the granting of the license. State v. Schneider, supra; State v. Heege, 37 Mo. App. 338. It follows, therefore,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.