State v. Gibbs
Supreme Court of Vermont
Petition for a writ of quo ivarranto, brought to the Supreme Court for Franklin County at its October Term, 1909, and then heard on the pleadings and testimony taken and filed. The opinion states the case. See next case. There is no usurpation of an office or of a franchise involved. A liquor license is not a franchise and the holder is not an officer.
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Petition for a writ of quo ivarranto, brought to the Supreme Court for Franklin County at its October Term, 1909, and then heard on the pleadings and testimony taken and filed. The opinion states the case. See next case. There is no usurpation of an office or of a franchise involved. A liquor license is not a franchise and the holder is not an officer. There is not a case under the common law in which a mere license or privilege of this character has been attacked in such proceedings. The granting or refusing the writ rests in the sound ■ discretion of the court. State v. Smith, 55 Tex. 451;…
1Opinion of the CourtWatson, J.
The complaint is preferred and prosecuted by the state’s attorney of Franklin County against the defendants, praying that they be commanded to show by what authority they are selling intoxicating liquors in the town of Fletcher in that county.
It appears that the town of Fletcher, at a meeting for that purpose warned and held in the spring of 1909, voted to license the sale of intoxicating liquors therein according to law; that defendant Gibbs was granted a license by a majority of the board of license commissioners of the town for the sale of such liquors on the premises occupied by him in…
2Cases cited18 opinions
- Bank of Augusta v. EarleSupreme Court of the United States · 1839
- Beer Co. v. MassachusettsSupreme Court of the United States · 1878
- Stone v. MississippiSupreme Court of the United States · 1880
- Metropolitan Board of Excise v. . BarrieNew York Court of Appeals · 1866
- Chicago City Railway Co. v. People ex rel. StoryIllinois Supreme Court · 1874
13 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. Burlington Drug Co.Supreme Court of Vermont · 1911
- Davidson v. City of Coral GablesDistrict Court of Appeal of Florida · 1960
- Public Service Commission v. Maryland Gas Transmission Corp.Court of Appeals of Maryland · 1932
- In Re Hathorn's Transportation Co.Supreme Court of Vermont · 1960
- Sowma v. Parker, Att'y Gen.Supreme Court of Vermont · 1941
3 more not listed; retrieve them via the Exa API.