Anderson v. Board of Commissioners
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District, for the County of Lemhi. Hon. James M. Stevens, Judge. Action by plaintiff to procure a writ of mandate. Writ granted. Defendants appeal. The courts are now generally recognizing the fact that no person has an inherent right to engage in the liquor traffic. (Darby v. Pence, Mayor, 17 Ida. 697, 107 Pac. 484, 27 L. R. A., N. S., 1194; Crowley v. Christensen, 137 U. S. 86, 11 Sup.
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APPEAL from the District Court of the Sixth Judicial District, for the County of Lemhi. Hon. James M. Stevens, Judge. Action by plaintiff to procure a writ of mandate. Writ granted. Defendants appeal. The courts are now generally recognizing the fact that no person has an inherent right to engage in the liquor traffic. (Darby v. Pence, Mayor, 17 Ida. 697, 107 Pac. 484, 27 L. R. A., N. S., 1194; Crowley v. Christensen, 137 U. S. 86, 11 Sup. Ct. 13, 34 L. ed. 620; Smyth v. Co. Commrs. (Utah), 112 Pac. 809, 32 L. R. A., N. S., 393; State ex rel. Noble v. Cheyenne, 7 Wyo. 417, 52 Pac. 975, 40 L.…
1Opinion of the CourtAilshie, J.
This is an appeal from an order of the district court issuing a writ of mandate against the board of commissioners of Lemhi county, directing them to issue a liquor license to the plaintiff, William Anderson, authorizing him to sell intoxicating liquors within the corporate limits of Salmon City.
This appeal involves the question as to whether or not a board of county commissioners have the power or discretion, under sec. 1508 of the Rev. Codes, to reject an application for a liquor license where the application is made for a license to sell intoxicating liquors within the boundaries of an…
2Cases cited4 opinions
- Gillesby v. Board of County CommissionersIdaho Supreme Court · 1910
- Darby & Scollard v. PenceIdaho Supreme Court · 1910
- Gale v. City of MoscowIdaho Supreme Court · 1908
- State v. CallowayIdaho Supreme Court · 1906
3Cited by8 opinions
- Clyde Hess Distributing Co. v. Bonneville CountyIdaho Supreme Court · 1949
- State v. RobbinsIdaho Supreme Court · 1938
- Mollendorf v. StateIdaho Supreme Court · 1946
- Sullivan v. Board of CommissionersIdaho Supreme Court · 1912
- Anderson v. Board of County CommissionersIdaho Supreme Court · 1912
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