State v. Busby

The opinion of the court was delivered by

Knapp, J.

This writ issued to bring up an order of the Court of Common Pleas, of the county of Ocean, granting a license to William Busby to keep an inn and tavern at Barnegat city, in said county. The use of the writ for this purpose can only be justified on the ground that the court had no jurisdiction to grant such license, because where such power exists, its exercise is made by the statute discretionary in that court, and such discretion has never been made the subject of review here on certiorari.

An examination of the case shows that an…