Harmon v. James

Candler, Justice.

(After stating the foregoing facts.) 1. Nowhere in the petition is it alleged that the petitioner or any other person has filed, or desires to file, any application for a permit to engage in the retail sale of any of the beverages mentioned in the petition. So far as the record here discloses, such application may never be filed. “Mandamus will not be granted when, it is manifest that the writ would, for any cause, be nugatory or fruitless; nor will it be granted on mere suspicion or fear, before a refusal to act or a wrongful act done.” Code, § 64-106. In Smith v. Hodgson,…