Ohio Supreme Court, 1903

State ex rel. Guilbert v. Kauffman

Ohio Supreme Court · Decided June 25, 1903 · Burket, Crew, Davis, Iauck, Prioe, Spear

1 Ohio Law Rep. 581; 68 Ohio St. 635; 68 Ohio St. (N.S.) 635; 67 N.E. 1062; 1903 Ohio LEXIS 232

Cases that cite this one

12 later published cases cite this decision.

Fuller v. City of Jackson (Miss. 1910)
State v. Walder (Fulton County Court of Common Pleas 1909)
In re Speer (Idaho 1933)
Jacob Hoffmann Brewing Co. v. McElligott (District Court, S.D. New York 1919)
State v. Hemrich (Wash. 1916)
Wilder v. State (Fulton Circuit Court 1909)
Walder v. State (Ohio Circuit Courts 1909)
City of Chicago v. Murphy (Ill. 1924)
LaFollette v. Murray (Ohio 1910)
State v. Walder (Ohio 1910)
Commonwealth v. Goodwin (Va. 1909)
Murray v. Lafollette (Ohio Circuit Courts 1909)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

By the COURT.

BurKet, C. J., Spear, Davis, Si-iaucK, Prioe and Crew, JJ-, concur.

Section 4364-9, Kevised Statutes, imposed a tax on the business of trafficking in any intoxicating liquors, and also on the business of trafficking in spirituous, vinous or malt liquors. The generic term “malt liquors” includes both non-intoxicating and intoxicating malt liquors. The statute was declared to be constitutional in Adler v. Whitbeck, 44 Ohio St., 539, and in Anderson v. Brewster, 44 Ohio St., 576, 581. Tire petition therefore states facts sufficient to warrant the relief prayed for, and the demurrer is overruled and a iier-emptory writ' of mandamus is awarded as prayed.

Peremptory mandamus awarded.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.