STABS v. CITY OF TOWER

No. 35,013.

229 Minn. 552 (1949)

RICHARD STABS v. CITY OF TOWER.

Supreme Court of Minnesota.

December 23, 1949.


Attorney(s) appearing for the Case

Stone, Manthey & Carey, for appellant.

D.A. Bourgin and W.J. Kraker, for respondent.


PETERSON, JUSTICE.

This is an appeal from an order overruling a demurrer to two causes of action alleged in the complaint.

Two questions are presented for decision, viz.:

(1) Whether a municipality owning and operating an on — and off-sale exclusive liquor store pursuant to statutory authorization (M.S.A. 340.07, subd. 5) is required to file the bond required by statute (§ 340.12) of on — and off-sale liquor dealers; and

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