W. O. Muller & Co. v. Commissioners of Buncombe County
Supreme Court of North Carolina
AppuicatioN por Mandamus heard at Chambers in Ashe-ville on the 27th of November, IBS/5, before Guríger, J. The application was made by the plaintiffs against the defendant board of commissioners of Buncombe county.
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AppuicatioN por Mandamus heard at Chambers in Ashe-ville on the 27th of November, IBS/5, before Guríger, J. The application was made by the plaintiffs against the defendant board of commissioners of Buncombe county. When the cause came on to bo heard, both parties being represented by counsel, it was agreed that irregularities and infor-malities on both sides should be waived, and the matters in controversy should be determined upon the facts and law raised in the pleadings, and after the matters were so heard and debated by counsel the court found the following facts: 1. The defendants arc…
1Opinion of the Court
Asi-ib, J.,
after stating the facts. The only question presented by the appeal in this ease for our determination is, whether the board of commissioners of a county, under The Code, §3701, have any discretion in the granting license to retail spirituous liquors by a quantity less than - 'rt, when the applicant has complied with the requirements of the act by proving a good moral character.
In the investigation of the question it is necessary to review the history of the legislation-on the subject to come to a just and satisfactory conclusion.
The first act on this subject was the act of 1825,…
2Cited by15 opinions
- Barnes v. Commissioners.Supreme Court of North Carolina · 1904
- State v. . StovallSupreme Court of North Carolina · 1889
- State Ex Rel. Grimes v. Board of CommissionersNevada Supreme Court · 1931
- State v. KittelleSupreme Court of North Carolina · 1892
- State v. . KittelleSupreme Court of North Carolina · 1892
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