C. B. George & Bro. v. City of Winchester
Court of Appeals of Kentucky
Case 53 — Mandamus Proceedings by C. B. George & Bro. and by J’oiin F. Nunan Against the City of Winchester to Compel the Board of Council to Issue Each of Them a License to Retail Liquors in Said City. APPEAL FROM CLARK CIRCUIT COURT-J. M. BENTON, CIRCUIT judge. Judgment for Defendants and Plaintiffs Appeal.
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Case 53 — Mandamus Proceedings by C. B. George & Bro. and by J’oiin F. Nunan Against the City of Winchester to Compel the Board of Council to Issue Each of Them a License to Retail Liquors in Said City. APPEAL FROM CLARK CIRCUIT COURT-J. M. BENTON, CIRCUIT judge. Judgment for Defendants and Plaintiffs Appeal. PROPOSITIONS OF LAW AND CITATIONS OF AUTHORITY. 1. The board of council of a fourth class city has no power under its charter to prohibit the sale of liquors within the limits thereof. (1) General powers of the city council. Dillon on 'Public Corporations, sec. 89. (2) The city charter.…
1Opinion of the Court
Opinion op the court by
JUDGE PAYN'TBR
Reversing.
On June 27, 1896, by a vote of the people of Clark county, tbe local option law was put in force in the county, inducting the city of*Winchester. On June 28, 1899, an election was held in the North Winchester precinct to determine whether the local option law should become inoperative in that precinct. A majority of the'voters voted that it should become inoperative therein. Winchester is a city of the fourth *432class. The appellants applied to the board of council for licenses to sell spirituous, vinous, and malt liquors in that precinct. Without…
2Cases cited6 opinions
- Smith v. PattonCourt of Appeals of Kentucky · 1898
- Hodges v. Metcalfe County CourtCourt of Appeals of Kentucky · 1903
- Cole v. CommonwealthCourt of Appeals of Kentucky · 1897
- Bosworth v. Kentucky Chautauqua AssemblyCourt of Appeals of Kentucky · 1901
- Riley v. RoweCourt of Appeals of Kentucky · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Board of Trustees v. ScottCourt of Appeals of Kentucky · 1907
- Ex Parte BroussardCourt of Criminal Appeals of Texas · 1913
- Young v. TrimbleCourt of Appeals of Kentucky · 1915
- Schwierman v. Town of Highland ParkCourt of Appeals of Kentucky · 1908