# State Ex Rel. McCarten v. Corwin

> Montana Supreme Court · February 13, 1947 · 119 Mont. 520

URL: https://www.frixlaw.com/law-library/cases/3542285

## Case

- **Full name:** STATE Ex Rel. McCARTEN, Respondent, v. CORWIN Et Al Appellants
- **Court:** Montana Supreme Court
- **Decided:** February 13, 1947
- **Citations:** 119 Mont. 520; 177 P.2d 189; 1947 Mont. LEXIS 6
- **Precedential status:** Published
- **Opinion:** Dissent by Choate
- **Judges:** Adair, Angstman, Choate, Cheadle, Metcalf
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3542285

## Opinion text

Mr. Justice Choate.
I concur in the dissenting opinion of Mr. Justice Angstman.
It seems to me unreasonable to conclude that the legislature gave to cities the power to limit by ordinance the number of places where beer may be sold (Stephens v. City of Great Falls, Mont., 175 Pac. (2d) 408 ), made provision that a liquor licensee must also have a beer license issued “under the laws of Montana” (sec. 9, Ch. 84, Laws of 1937), but denied to the state liquor control board the “discretion” to limit the issuance of beer or liauor licenses to accord with the number legalized by city ordinances.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3542285. Public record. Not legal advice.