Riley v. Rowe
Court of Appeals of Kentucky
Case 97 — Action por a Mandamus. APPEAL from MARSHALL ■ CIRCUIT COURT. The question presented by this appeal is, the sufficiency of appellant’s petition which seeks to compel the board of trustees of the town of Benton, a town of the sixth class, under the laws of this Commonwealth by mandamus proceedings, to grant him a license to continue in his business, that of a saloon keeper, in which he has' been engaged for several years, and which had been refused by said board.
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Case 97 — Action por a Mandamus. APPEAL from MARSHALL ■ CIRCUIT COURT. The question presented by this appeal is, the sufficiency of appellant’s petition which seeks to compel the board of trustees of the town of Benton, a town of the sixth class, under the laws of this Commonwealth by mandamus proceedings, to grant him a license to continue in his business, that of a saloon keeper, in which he has' been engaged for several years, and which had been refused by said board. This relief was refused him by the court helow as appears from the judgment sustaining a demurrer to his petition. The only…
1Opinion of the Court
Opinion of the court by
JUDGE HOBSON
Affirming.
This case involves the construction of subdivision 4, section 3704, Kentucky Statutes, relating to the government of towns of the sixth class. It is insisted that, where a *820vote has been taken under the local option law, and resulted in favor of the sale, the trustees have no discretion as to the granting of license, and must license all applicants, regardless of their moral character or of the circumstances. The provision is as follows: “The license tax to sell spirituous, vinous or malt liquors shall not be less than one hundred and fifty nor more…
2Cited by4 opinions
- Board of Trustees v. ScottCourt of Appeals of Kentucky · 1907
- Schwierman v. Town of Highland ParkCourt of Appeals of Kentucky · 1908
- C. B. George & Bro. v. City of WinchesterCourt of Appeals of Kentucky · 1904
- Miller v. HoblitzellCourt of Appeals of Kentucky · 1954