Ferguson v. Board of Supervisors
Mississippi Supreme Court
From the circuit court of Monroe county. IIon. Newnan Cayce, Judge. On August 7, 1893, a petition was presented to’ the board of supervisors of-Monroe county for an election under §1610, code 1892, to determine whether intoxicating liquors should be sold in said county.
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From the circuit court of Monroe county. IIon. Newnan Cayce, Judge. On August 7, 1893, a petition was presented to’ the board of supervisors of-Monroe county for an election under §1610, code 1892, to determine whether intoxicating liquors should be sold in said county. Appellant, Z. A. Ferguson, and others, qualified electors and tax-payers in said county, appeared before the board and protested, in writing, against the ordering of the election, on the ground that the petition was not signed by the requisite one-third of the qualified electors of the county. The objectors offered to prove…
1Opinion of the CourtCampbell, C. J.
The circuit court rightly refused to dismiss the appeal. Code 1892, § 79; Deberry v. Holly Springs, 85 Miss., 385; *530Wilson v. Wallace, 64 Ib., 13. The argument that, because § 1581 of the code gives an appeal from a grant of license, the right of appeal on a totally different question must be assumed to be denied, on the principle expressio unios exclusio alterius, is not sound. An appeal from a grant of license is given, and one from refusal of license is not given, because granting or refusing license is discretionary, and no appeal could properly be had from an exercise of discretion,…
2Cited by36 opinions
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- Power v. RobertsonMississippi Supreme Court · 1922
- Martin v. Bd. of Suprs. of Winston Co.Mississippi Supreme Court · 1938
- Gibbs v. McIntoshMississippi Supreme Court · 1900
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