Kennon v. Blackburn
Court of Appeals of Kentucky
CASE 6. — MANDAMUS BY R. T. KENNON AGAINST ROBERT BLACKBURN, CLERK OF THE COUNTY COURT, TO COMPEL HIM TO ISSUE A LIQUOR LICENSE.— Appeal from Powell Circuit Court. J. M. Benton, Circuit Judg.e.
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CASE 6. — MANDAMUS BY R. T. KENNON AGAINST ROBERT BLACKBURN, CLERK OF THE COUNTY COURT, TO COMPEL HIM TO ISSUE A LIQUOR LICENSE.— Appeal from Powell Circuit Court. J. M. Benton, Circuit Judg.e. From a judgment dismissing Ms petition the plaintiff appeals The power to grant a license to retail spirituous, vinous and malt liquors, is vested in the city council of Clay City, and all .the county clerk is required to do or know, is to know tbat the city council has passed on the question and issued a- license, as they did in this case. (Koch v. Comth., 27 Ky. Law Rep., 122; Adams v. Stephens, 88…
1Opinion of the Court
Opinion op tke Court by
Judge Carroll
Reversing '.
In January, 1907, appellant made application to .the board of council of Clay City, a city of the fifth class, for license to sell spirituous, vinous, and malt liquors by retail at his place of business in the city, and paid to the city treasurer the amount of the license tax demanded. Thereafter he presented to appellee, the county clerk of Powell county, the license issued to him by the city, and tendered the full amount of the license required by the State for 'the sale of such liquors, and demanded a license, which the clerk refused to…
2Cited by3 opinions
- State ex rel. Ryan v. WootenMissouri Court of Appeals · 1909
- Conrad v. PooleCourt of Appeals of Kentucky · 1919
- State ex rel. Rainwater v. RossMissouri Court of Appeals · 1912