Schwierman v. Town of Highland Park
Court of Appeals of Kentucky
CASH 67. — MANDAMUS BY J. F. SCHWIERMAN AGAINST BOARD OF TRUSTEES OF TOWN OF HIGHLAND PARK AND OTHERS, TO GRANT HIM A LICENSE TO SELL INTOXICATING LIQUORS. — Appeal from Jefferson Circuit Court (Common Pleas Branch, Second Division). Thos. R. Gordon, Judge.
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CASH 67. — MANDAMUS BY J. F. SCHWIERMAN AGAINST BOARD OF TRUSTEES OF TOWN OF HIGHLAND PARK AND OTHERS, TO GRANT HIM A LICENSE TO SELL INTOXICATING LIQUORS. — Appeal from Jefferson Circuit Court (Common Pleas Branch, Second Division). Thos. R. Gordon, Judge. From an order dismissing the writ, petitioner appeals. — POINTS AND AUTHORITIES. 1. In a town of the sixth class in Kentucky where the sense of the people has been taken by vote at an election under section 3704, Kentucky Statutes, as to whether spirituous, vinous and malt liquors should be sold, and the vote resulted in a majority of the…
1Opinion of the Court
Opinion of the Court by
Judge Carroll —
Affirming.
The appellant Schweirman sought in this proceeding to compel by mandamus the board of trustees, of Highland Park, a town of the sixth class, to grant him a license to sell by retail intoxicating liquors. The judge before whom* the application was made refused to grant the relief sought, and as a result this appeal was prosecuted. In September, 1906, the town of Highland Park, at an election held for the purpose of ascertaining the sense of the people as to whether or not they wished spirituous, vinous, and malt liquors sold, voted in favor of…
2Cases cited3 opinions
- McFarland v. HatchettCourt of Appeals of Kentucky · 1904
- C. B. George & Bro. v. City of WinchesterCourt of Appeals of Kentucky · 1904
- Riley v. RoweCourt of Appeals of Kentucky · 1902
3Cited by7 opinions
- Kentucky Alcoholic Beverage Control Board v. KleinCourt of Appeals of Kentucky (pre-1976) · 1946
- O'Brien v. Department of Alcoholic Beverage ControlCourt of Appeals of Kentucky (pre-1976) · 1947
- Deckert v. LevyCourt of Appeals of Kentucky (pre-1976) · 1948
- Christian Moerlein Brewing Co. v. RoserCourt of Appeals of Kentucky · 1916
- City of Louisville v. GagenCourt of Appeals of Kentucky · 1909
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