Sanders v. Town Commissioners
Supreme Court of Georgia
Certiorari, in Taylor Superior Court. Decided by Judge Worrill, at October Term, 1859. Sanders was brought before the Commissioners of the town of Butler on the charge of retailing spirituous liquors in said town without having obtained a license from said commissioners in violation of an ordinance passed by them.
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Certiorari, in Taylor Superior Court. Decided by Judge Worrill, at October Term, 1859. Sanders was brought before the Commissioners of the town of Butler on the charge of retailing spirituous liquors in said town without having obtained a license from said commissioners in violation of an ordinance passed by them. After hearing evidence, the commissioners fined him $60 00. He excepted to the judgment and sued out a certiorari, in which he alleges that neither the Act incorporating the town of Butler, nor any other Act of the Legislature, gave said commissioners power to regulate the retail of…
1Opinion of the Court
By the Court.
Stephens, J.,
delivering the opinion.
1. Sanders had a retail license from the Inferior Court, but the town commissioners fined him for retailing without a license from them. The case presents a conflict between the Inferior Court and the town of Butler, as to which of the two has the legal power of granting licenses to retail within the town. The power is claimed for the town — first, under the Act of 1809, Cobb’s Dig., 1038, which, it is argued, confers the power upon all incorporated towns. That part of the Act which is claimed as having this effect, is a mere proviso to the…
2Cited by6 opinions
- Walker v. McNellySupreme Court of Georgia · 1904
- Cranston v. Mayor of AugustaSupreme Court of Georgia · 1878
- Henderson v. HeywardSupreme Court of Georgia · 1899
- Wright v. Mayor of MaconCourt of Appeals of Georgia · 1908
- Goldsmith v. Rome RailroadSupreme Court of Georgia · 1879
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