Peterson v. Town of Guernsey
Wyoming Supreme Court
Error to District Court, Platte County; Hon. William C. Mentzer, Judge. Action by Kate E. Peterson against the incorporated town' of Guernsey, Platte County, to recover the unearned portion of a license fee for the sale of intoxicating liquors. Erom a judgment of dismissal, plaintiff 'brings error. There was no cause shown for the revocation of the license; the discretion of the board to revoke a license is limited to causes stated by statute.
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Error to District Court, Platte County; Hon. William C. Mentzer, Judge. Action by Kate E. Peterson against the incorporated town' of Guernsey, Platte County, to recover the unearned portion of a license fee for the sale of intoxicating liquors. Erom a judgment of dismissal, plaintiff 'brings error. There was no cause shown for the revocation of the license; the discretion of the board to revoke a license is limited to causes stated by statute. The courts will prevent an abuse of power (Bennett v. City, 76 N. W. 844; Peterson v. City, 46 Pac. 657; Allan v. Drew, 44 Vt. 174). A license cannot…
1Opinion of the Court
Blydenburgh, Justice.
The plaintiff in error, plaintiff below, brought this case in the district court of 'Platte county to recover the sum of $926.05 from the defendant incorporated town of Guernsey, as the alleged unearned portion of a license fee paid for a license granted to the plaintiff by the Board of County Commissioners of Platte county to sell intoxicating liquor at retail at a designated place within the defendant town. An amended and substituted petition was filed by the plaintiff by leave of court, and a demurrer “That said petition does not state facts sufficient to constitute a…
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