Citations
- 68 Ohio St. 635
Full opinion text
By the Court:
Section 4364-9, Revised Statutes, imposes 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 nonintoxicating 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. The petition therefore states facts sufficient to warrant the relief prayed for, and the demurrer is overruled and a peremptory writ of mandamus is awarded as prayed.
Peremptory mandamus awarded.
Burket, C. J., Spear, Davis, Shauck, Price and Crew, JJ., concur.