Legal Opinion

McCreary v. Rhodes & Silk

Mississippi Supreme Court

Decided October 15, 1885PublishedCited by 5 opinions

Appeal from the Circuit Court of Clay County. Hon. W. M. Rogers, Judge. B. F. McCreary and others, legal voters and citizens of the city of West Point, filed a petition before the circuit judge, in vacation, praying that a writ of certiorari be issued against Rhodes & Silk and the municipal authorities of West Point, to have the records whereby license to retail liquors was granted by the municipal authorities of West Point to the firm of Rhodes & Silk sent up for review.

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Appeal from the Circuit Court of Clay County. Hon. W. M. Rogers, Judge. B. F. McCreary and others, legal voters and citizens of the city of West Point, filed a petition before the circuit judge, in vacation, praying that a writ of certiorari be issued against Rhodes & Silk and the municipal authorities of West Point, to have the records whereby license to retail liquors was granted by the municipal authorities of West Point to the firm of Rhodes & Silk sent up for review. The petition set out that in January, 1885, Rhodes & Silk presented a petition that license be granted them to retail…

1Opinion of the CourtArnold, J.

After the petition of Rhodes & Silk for license was filed, but before final action was taken in regard to it, some of the appellants objected and petitioned the mayor and selectmen, for causes stated, not to grant the license. This made appellants parties to or connected them with the proceedings sufficiently to enable them to prosecute a writ of certiorari to have the same reviewed.

In this petition for license Rhodes & Silk are not recommended to be of good reputation, nor is it shown in the petition or by the record returned in obedience to the writ of certiorari that they, or either of…

2Cases cited2 opinions

  1. Root v. McFerrinMississippi Supreme Court · 1859
  2. Allen v. Board of Levee CommissionersMississippi Supreme Court · 1879

3Cited by5 opinions

  1. Power v. RobertsonMississippi Supreme Court · 1922
  2. John v. RichterSupreme Court of Alabama · 1910
  3. Thornton v. Town of CharlestonMississippi Supreme Court · 1915
  4. Stokes v. WallSupreme Court of Georgia · 1900
  5. McCrary v. SandsMississippi Supreme Court · 1886

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