Barry v. Little
Supreme Court of New Hampshire
Bill in Equity, alleging that the defendants, constituting the state board of license commissioners, on May 1, 1904, issued to the plaintiffs a license of the second class to traffic in liquors in Newport; that on February 2, 1905, the defendants, by virtue of section 14, chapter 95, Laws 1903, and on a complaint that the plaintiffs in December, 1904, had violated the provisions of said chapter, decided that the plaintiffs were guilty as alleged, can-celled their license,…
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Bill in Equity, alleging that the defendants, constituting the state board of license commissioners, on May 1, 1904, issued to the plaintiffs a license of the second class to traffic in liquors in Newport; that on February 2, 1905, the defendants, by virtue of section 14, chapter 95, Laws 1903, and on a complaint that the plaintiffs in December, 1904, had violated the provisions of said chapter, decided that the plaintiffs were guilty as alleged, can-celled their license, and declared the condition of their bond forfeited; and that the defendants, before the hearing on the complaint and in…
1Opinion of the CourtWalker, J.
The demurrer raised the question whether upon the facts alleged in the bill the plaintiffs are entitled to equitable relief. They seek to have tbe order of the board of license commissioners cancelling their license declared to be null and void. Whether they have misconceived their remedy it is unnecessary to determine, since they have not stated a cause of action showing that they have suffered actionable wrong. If the action of the commissioners in cancelling their license was legal, it cannot be nullified in this, or in any other, form of procedure.
That the commissioners were exercising…
2Cases cited7 opinions
- State v. CorronSupreme Court of New Hampshire · 1905
- Hutchinson v. Manchester Street RailwaySupreme Court of New Hampshire · 1905
- Bickford v. FranconiaSupreme Court of New Hampshire · 1905
- Fowler v. BrooksSupreme Court of New Hampshire · 1887
- Sargent v. LittleSupreme Court of New Hampshire · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- State Board of Registration for Architects, Engineers, & Land Surveyors v. GetsugSupreme Court of Minnesota · 1971
- Bixby v. RoscoeSupreme Court of Vermont · 1911