Malmo's Appeal From County Commissioners
Supreme Court of Connecticut
Application for a writ of mandamus requiring the County Commissioners of Fairfield County to grant a liquor license to the applicant, brought to the Superior Court in Fairfield County and reserved by that court, Ralph Wheeler, J, upon the respondent’s motion to quash tire alternative writ, for the consideration and advice of this court.
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Application for a writ of mandamus requiring the County Commissioners of Fairfield County to grant a liquor license to the applicant, brought to the Superior Court in Fairfield County and reserved by that court, Ralph Wheeler, J, upon the respondent’s motion to quash tire alternative writ, for the consideration and advice of this court. The plaintiff on December 15th, 1898, applied to county commissioners for a license to sell intoxicating liquors at 152 Washington street in the town of Norwalk. Sundry taxpayers remonstrated, because the place designated was not a suitable place to be so…
1Opinion of the CourtHamebsley, J.
The defendants’ main contention is that
licensing the sale of intoxicating liquors is an executive function which cannot be exercised by the Superior Court. The incapacity of the judicial department, under our Constitution, to exercise functions that are essentially and distinctively executive or legislative, unless as incident to the exercise of some legitimate judicial power, was so deliberately considered and settled in the recent case of Norwalk Street Ry. Co.’s Appeal, 69 Conn. 576, and the application of this constitutional prohibition was then so fully discussed, that we deem it…
2Cases cited6 opinions
- Norwalk Street Railway Company's AppealSupreme Court of Connecticut · 1897
- Hopson's Appeal from County CommissionersSupreme Court of Connecticut · 1894
- Smith's Appeal from County CommissionersSupreme Court of Connecticut · 1894
- Batters v. DunningSupreme Court of Connecticut · 1882
- La Croix v. County CommissionersSupreme Court of Connecticut · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Atkins v. Bridgeport Hydraulic Co.Connecticut Appellate Court · 1985
- Rommell v. WalshSupreme Court of Connecticut · 1940
- Demond v. Liquor Control CommissionSupreme Court of Connecticut · 1943
- Norton v. Shore Line Electric Railway Co.Supreme Court of Connecticut · 1911
- Sheehan v. Zoning CommissionSupreme Court of Connecticut · 1977
29 more not listed; retrieve them via the Exa API.