Darby & Scollard v. Pence
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Fremont Wood, Judge. Application for writ of mandate to compel the common council of Boise City to issue to respondents a license to sell intoxicating liquor. Judgment for plaintiffs. City appeals.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Fremont Wood, Judge. Application for writ of mandate to compel the common council of Boise City to issue to respondents a license to sell intoxicating liquor. Judgment for plaintiffs. City appeals. In those jurisdictions where the courts have interposed to prevent an abuse of the discretion of inferior tribunals, such as county courts, city councils, etc., in granting or refusing liquor licenses, it has also been held that the record must clearly show an arbitrary and unlimited exercise of such discretion.…
1Opinion of the Court
STEWART. J.
— This is an application for a writ of mandate, by which petitioners seek to compel the mayor and council of Boise City to issue to them a license to retail intoxicating liquors. It appears from the affidavit that the petitioners are partners doing business under the name and style of Darby & Scollard, and are' engaged in the retail liquor or saloon business, and have been so engaged for more than two years, at 825 Main street, Boise City, Idaho; that on July 1, 1909, the petitioners paid the United States revenue license provided for and made necessary under the laws of the United…
2Cases cited10 opinions
- Crowley v. ChristensenSupreme Court of the United States · 1890
- Zanone v. Mound CityIllinois Supreme Court · 1882
- Gillesby v. Board of County CommissionersIdaho Supreme Court · 1910
- Leqve v. StoppelSupreme Court of Minnesota · 1896
- State ex rel. Howie v. Common CouncilSupreme Court of Minnesota · 1904
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Whitesides v. Council of CheyenneWyoming Supreme Court · 1957
- State Ex Rel. Grimes v. Board of CommissionersNevada Supreme Court · 1931
- State Ex Rel. Billado v. Control CommissionersSupreme Court of Vermont · 1946
- Pinzino v. Supervisor of Liquor ControlSupreme Court of Missouri · 1960
- Olds v. KirkpatrickOregon Supreme Court · 1948
9 more not listed; retrieve them via the Exa API.