Legal Opinion

Commissioners of Maxton v. Commissioners of Robeson County

Supreme Court of North Carolina

Decided September 5, 1890PublishedCited by 5 opinions

This was an application for a mandamus to compel the Commissioners of Robeson County to grant license to retail liquor to J. T. Pool and others, plaintiffs in this action, heard, on demurrer to the answer, by Graves, J., at September Term, 1890, of RobbsoN Superior Court. Demurrer was overruled, mandamus refused, and judgment against plaintiffs for costs. Appeal by plaintiffs.

1Opinion of the Court

Clare, J.:

In the answer, it is alleged, “the defendants deny that they ydlfully and absolutely refused to'grant license to said J. T. Pool & Co. on that or any other occasion, but that, after hearing evidence both for and against the said applicants, and argument of counsel and due consideration of the application, the defendants were of the opinion that said applicants were not fit persons to retail spiritous liquors”; and also “ they further aver that, on the hearing of their said applications for an order for license to retail at Maxton, in this county, on 22d August, 1890, the defendants…

2Cases cited1 opinion

  1. W. O. Muller & Co. v. Commissioners of Buncombe CountySupreme Court of North Carolina · 1883

3Cited by5 opinions

  1. State v. MorganSupreme Court of North Carolina · 1904
  2. Barnes v. Commissioners.Supreme Court of North Carolina · 1904
  3. Chequinn Corporation v. MullenSupreme Judicial Court of Maine · 1963
  4. Board of Commissioners v. SmithSupreme Court of North Carolina · 1892
  5. State ex rel. Noble v. City Council of CheyenneWyoming Supreme Court · 1898

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