Barnes v. Commissioners.
Supreme Court of North Carolina
ActioN by L. A. Barnes against the Commissioners of Wilson County, beard by Judge Frederick Moore, at Chambers, in Wilson, N. C. This is an action brought by the plaintiff in which he seeks to have issued a writ of mandamus directed to the commissioners of the county of Wilson requiring them to issue to him a license to retail liquors. As the case was heard on complaint and answer, it will be necessary to set out the substance of the pleadings.
Read the full summary
ActioN by L. A. Barnes against the Commissioners of Wilson County, beard by Judge Frederick Moore, at Chambers, in Wilson, N. C. This is an action brought by the plaintiff in which he seeks to have issued a writ of mandamus directed to the commissioners of the county of Wilson requiring them to issue to him a license to retail liquors. As the case was heard on complaint and answer, it will be necessary to set out the substance of the pleadings. The plaintiff alleges that he is a bona fide resident and citizen of the said county and a legal voter therein. That the town of Black Creek is and…
1Opinion of the Court
Walker, J.,
after stating the case. The discussion of this case may be conveniently divided into three parts: (1) What was the law in regard to the nature of the discretion of the commissioners in granting licenses prior to the passage of the Act of 1903, chapter 233 (Watts Law) ? (2) Has the law been changed by that act so as to limit their discretion and, if so, to what extent? (3) Was the particular judgment rendered by the Court erroneous in any view of the case ?
It was provided by the Revised Statutes, chapter 83, section I, that every person wishing to retail liquors by the small measure…
2Cases cited15 opinions
- Gaines v. ThompsonSupreme Court of the United States · 1869
- Secretary v. McGarrahanSupreme Court of the United States · 1870
- Wise v. BiggerSupreme Court of Virginia · 1884
- Ewbank v. Turner.Supreme Court of North Carolina · 1903
- Granville County Board of Education v. State Board of EducationSupreme Court of North Carolina · 1890
10 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- State v. ScottSupreme Court of North Carolina · 1921
- School Commissioners v. Board of Aldermen & TreasurerSupreme Court of North Carolina · 1912
- State v. . ScottSupreme Court of North Carolina · 1921
- Glenn v. Commissioners.Supreme Court of North Carolina · 1905
- Edgerton v. . KirbySupreme Court of North Carolina · 1911
24 more not listed; retrieve them via the Exa API.