Ferguson v. Brown
Mississippi Supreme Court
Fbom the circuit court of Monroe county. Hon. Newnan Cayce, Judge. The appellants, Ferguson & Head, procured a petition to be presented to the municipal authorities of Aberdeen, in accordance with § 1578, code of 1892, asking the grant of a license to them to retail intoxicating liquors. The mayor and several of the aldermen, and many other qualified voters, signed the petition.
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Fbom the circuit court of Monroe county. Hon. Newnan Cayce, Judge. The appellants, Ferguson & Head, procured a petition to be presented to the municipal authorities of Aberdeen, in accordance with § 1578, code of 1892, asking the grant of a license to them to retail intoxicating liquors. The mayor and several of the aldermen, and many other qualified voters, signed the petition. A number of persons whose names were signed to the petition, did not write, bnt made their marks, and their signatures, thus, made, were attested by other persons. In publishing the petition, under § 1580 of the code…
1Opinion of the CourtWhitfield, J.
There was no error in overruling the motion to dismiss the appeal of Brown from the order of the board of aldermen. Nor was there error in holding that the burden of proof was on appellants, since the trial in the circuit court was de novo. It was error to hold that the mere payment of taxes for certain *223parties by Ferguson & Head disqualified them as signers of the petition. In United States v. Foster, 4 Hughes (U. S. Cir. Ct. Rep.), at page 520, it is said: ‘ ‘ The clause in the constitution is one of that class of clauses which all legal and political maxims of construction require to be…
2Cases cited5 opinions
- City of Dallas v. PeacockTexas Supreme Court · 1895
- Sartorious v. StateCourt of Appeals of Mississippi · 1852
- Bowman's CaseSupreme Court of Missouri · 1877
- Powell v. EganNebraska Supreme Court · 1894
- Webster v. County of WashingtonSupreme Court of Minnesota · 1879
3Cited by12 opinions
- McLendon v. StateMississippi Supreme Court · 1939
- Rowe v. StateSupreme Court of Florida · 1935
- Garrett v. StateMississippi Supreme Court · 1940
- Upton v. McKenzieMississippi Supreme Court · 2000
- Cashin v. MurphyMississippi Supreme Court · 1925
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