Legal Opinion

Ex parte Lester

Supreme Court of Virginia

Decided September 20, 1883PublishedCited by 6 opinions

Three cases heard together, first at Wytheville, afterwards at Staunton. Error to the decisions of the judge of the circuit court of Montgomery county, denying writs of error to the judgments of the county court of said county, rendered April 26th, 1883, refusing to grant to the applicants, James L. Lester, William E. Stone and Thomas Wilson, respectively, licenses to sell by retail ardent spirits and to keep bar-rooms in said county. The facts in each case were the same.

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Three cases heard together, first at Wytheville, afterwards at Staunton. Error to the decisions of the judge of the circuit court of Montgomery county, denying writs of error to the judgments of the county court of said county, rendered April 26th, 1883, refusing to grant to the applicants, James L. Lester, William E. Stone and Thomas Wilson, respectively, licenses to sell by retail ardent spirits and to keep bar-rooms in said county. The facts in each case were the same. The county court certified that the applicants proved by four witness that they were fit persons of good character and…

1Opinion of the CourtLacy, J.

The question for this court to decide in these cases is, Did the petitioners, when their application for license was refused by the county court, have a right to the remedy sought by them by writ of error to the circuit court ?

The act of the legislature under Avhich they sought their licenses is as follows: “ Any person who desires a license to sell by retail, or to keep a bar-room, shall first apply therefor to the commissioner of the revenue for the city or county, who shall assess them with the proper license-tax to be paid, and they shall then pay the amount of the said tax to the…

2Cases cited2 opinions

  1. French v. NoelSupreme Court of Virginia · 1872
  2. Ex parte YeagerSupreme Court of Virginia · 1854

3Cited by6 opinions

  1. In re Application for License to Practice LawWest Virginia Supreme Court · 1910
  2. Fisher, Sons & Co. v. CrowleyWest Virginia Supreme Court · 1905
  3. Hulvey v. RobertsSupreme Court of Virginia · 1906
  4. Cropper v. CommonwealthGeneral Court of Virginia · 1843
  5. Cropper v. CommonwealthGeneral Court of Virginia · 1843

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