Town Council v. Sargent
Mississippi Supreme Court
Appeal from the Circuit County of Holmes County. Hon. C. H. Campbell, Judge. Appellee commenced this suit by certiorari to review and annul an ordinance or resolution of record, made by appellants, the town council of Lexington, to the effect that in accordance with the petition of a majority of the legal voters of thp town, against the issuance of license to sell liquor therein, no such license would be issued for twelve months from the 24th September, 1886, the date when…
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Appeal from the Circuit County of Holmes County. Hon. C. H. Campbell, Judge. Appellee commenced this suit by certiorari to review and annul an ordinance or resolution of record, made by appellants, the town council of Lexington, to the effect that in accordance with the petition of a majority of the legal voters of thp town, against the issuance of license to sell liquor therein, no such license would be issued for twelve months from the 24th September, 1886, the date when the petition was presented. In his petition for the writ of certiorari it is alleged by appellee that the petition…
1Opinion of the CourtArnold, J.
Success to either party in this case is a barren victory. If a motion to dismiss or quash the proceedings had been made in the lower court, it would, no doubt, have been sustained. Appellee was not a party to the proceedings sought to be reviewed, and for that reason not entitled to the remedy by certiorari for that purpose. McCreary v. O’Flinn, 63 Miss. 204.
No final action had been taken on his petition for license, and until that was done there was no judgment against him which he could have revised by certiorari. Powell on Appellate Proceedings 349, 355.
The petition of the majority, or…
2Cases cited1 opinion
- McCreary v. O'FlinnMississippi Supreme Court · 1885
3Cited by2 opinions
- Thornton v. Town of CharlestonMississippi Supreme Court · 1915
- McCrary v. SandsMississippi Supreme Court · 1886