McLeod v. Scott
Oregon Supreme Court
Plaintiff appeals. This is an application for a writ of mandamus to the county court of Sherman county requiring said court to grant the plaintiff a license to sell spirituous liquors in quantities less than one gallon in Grant’s precinct in said county. The facts alleged in the petition for the writ bring the plaintiff within the law authorizing a license for such purpose.
Read the full summary
Plaintiff appeals. This is an application for a writ of mandamus to the county court of Sherman county requiring said court to grant the plaintiff a license to sell spirituous liquors in quantities less than one gallon in Grant’s precinct in said county. The facts alleged in the petition for the writ bring the plaintiff within the law authorizing a license for such purpose. It appears from the record before us that the county court of said county, notwithstanding such compliance, refused the license. It is true the record of the county court recites that the bond tendered was insufficient,…
1Opinion of the CourtSteahan, C. J.
The first question which requires our attention is, the proper construction of the statute in relation to the granting of license to sell spirituous, malt or vinous liquors in this state in less quantities than one gallon. The statute in force, when the application for license was made by the plaintiff, was the act of February 18,1889. It is entitled “An act to regulate the sale of spirituous, malt and vinous liquors, and to prevent the sale thereof without first having obtained a license therefor, and to repeal all laws and parts of laws in conflict therewith.” The first section provides…
2Cases cited16 opinions
- State ex rel. Adamson v. Lafayette County CourtSupreme Court of Missouri · 1867
- Pettigrew v. Washington CountySupreme Court of Arkansas · 1884
- Bean v. County CourtMissouri Court of Appeals · 1889
- Charles Kohn & Co. v. HinshawOregon Supreme Court · 1889
- Smith v. KingOregon Supreme Court · 1886
11 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Dilger v. School District 24CJOregon Supreme Court · 1960
- Riesland v. BaileyOregon Supreme Court · 1934
- Simpson v. WinegarOregon Supreme Court · 1927
- Elliott v. OliverOregon Supreme Court · 1892
- Suhre v. KottCourt of Appeals of Texas · 1917
24 more not listed; retrieve them via the Exa API.