McCreary v. O'Flinn
Mississippi Supreme Court
Appeal from the Circuit court of Clay County. Hon. W. M. Rogers, Judge. In February, 1885, T. O’Flinn presented a petition to the Board of Mayor and Aldermen of the City of West Point for a license to retail vinous and spirituous liquors within the corporate limits of that city, and thereupon license for that purpose was issued to him.
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Appeal from the Circuit court of Clay County. Hon. W. M. Rogers, Judge. In February, 1885, T. O’Flinn presented a petition to the Board of Mayor and Aldermen of the City of West Point for a license to retail vinous and spirituous liquors within the corporate limits of that city, and thereupon license for that purpose was issued to him. There was no objection raised by any citizen or qualified voter of West Point to the issuance of such license, nor was there a counter petition, either special or general, on file at the time of the granting the license. In September, 1885, B. F. McCreary and…
1Opinion of the CourtArnold, J.
The writ of certiorari was properly quashed in this case.
It is the common law rule, as announced by this court in Deberry v. The President and Selectmen of Holly Springs, 35 Miss. 385, that none but parties to the record or proceedings sought -to be reviewed can prosecute or maintain a writ of certiorari. The rule is not changed by statute.
Appellants were not parties to the record, nor signers of a counter petition against the issuance of license to appellee, nor signers of a general petition against the granting of license to any person which had been disregarded by the mayor and selectmen,…
2Cases cited1 opinion
- Deberry v. President of Holly SpringsMississippi Supreme Court · 1858
3Cited by5 opinions
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- McCrary v. SandsMississippi Supreme Court · 1886