129 Mo. App. 390 | Mo. Ct. App. | 1908
On November 8, 1907, the county court of Knox county entered of record an order approving the petition of relator Crabbe for a license to keep a dramshop “at his stand on the north part of lot 8, block 9, in the county addition to the town of Edina;” and ordered that a license be issued to him. Afterwards the county court adjourned until December 10, 1907. December 11th, at this adjourned term, the court entered of record an order revoking the prior order of November 8th, granting the license to Orabbe. In the order of revocation the court recited that after due investigation
The revoking order of the county court is said to be a nullity as against relator because no notice or chance to be heard was given him. Relator did not testify he received no notice, and the only testimony bearing on the question is the statement of the clerk of the county court that he himself gave relator no notice and did not know of any being given. But whether the revocation of the order for license was valid or not, we think the peremptory writ was properly refused. The obvious purpose of the whole proceeding on relator’s part was to evade the effect of the coming election, if it resulted in prohibiting the sale of intoxicating liqnors in the county
The judgment is affirmed.