Perkins v. Loux
Idaho Supreme Court
APPEAL from tbe District Court of Fifth Judicial District for Bannock County. Hon. Alfred Budge, Judge. Proceeding to compel the mayor and city council of the city of Pocatello to grant a retail liquor license to plaintiffs. Judgment for plaintiffs.
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APPEAL from tbe District Court of Fifth Judicial District for Bannock County. Hon. Alfred Budge, Judge. Proceeding to compel the mayor and city council of the city of Pocatello to grant a retail liquor license to plaintiffs. Judgment for plaintiffs. “The court or courts charged with the duty of issuing licenses is vested with a sound judicial discretion, to be exercised in view of all the facts and circumstances of each particular case in granting or refusing the license applied for.” (Crowley v. Christensen, 137 U. S. 86-95, 11 Sup. Ct. 13, 34 L. ed. 620; Perry v. City Council, 7 Utah, 143,…
1Opinion of the CourtSullivan, J.
This is an action commenced in the district court for a writ of mandate to compel the city council of the city of Pocatello to issue a license to the respondents to sell liquors at retail in said city. The complaint alleges the partnership of the plaintiffs, the corporate capacity of the city and that the defendants are its officers; the application for license, ordinances under which the same was asked and the refusal to grant the license. A general demurrer was interposed, which was overruled and defendants answered. On motion a large part of the answer was stricken out. Thereafter evidence…
2Cases cited3 opinions
- Crowley v. ChristensenSupreme Court of the United States · 1890
- Sherwood v. StephensIdaho Supreme Court · 1907
- Perry v. City Council of Salt Lake CityUtah Supreme Court · 1891
3Cited by10 opinions
- Spivey v. District Court of Third Judicial DistrictIdaho Supreme Court · 1923
- Mole v. PayneIdaho Supreme Court · 1924
- Rosenfeld v. JakwaysMontana Supreme Court · 1923
- State v. LindemanNorth Dakota Supreme Court · 1934
- Darby & Scollard v. PenceIdaho Supreme Court · 1910
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