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Legal Opinion

Hinebaugh v. James

West Virginia Supreme Court

Decided June 9, 1937No. 8626PublishedCited by 17 opinions

1Opinion of the Court

Maxwell, Judge:

This is a proceeding in mandamus under the original jurisdiction of this court.

Relator, Joseph Hinebaugh, seeks to compel Ernest K. James, Tax Commissioner of the State of West Virginia, to issue to him a license as a distributor of non-intoxicating beer within this state.

The relator possesses all necessary legal qualifications of a beer distributor in West Virginia, except that he is a non-resident. Because of his non-residencé he has been refused a license by the respondent.

The controversy arises under a recent statute, Acts of the Legislature 1937, Chapter 12, Article 15,…

2Cases cited10 opinions

  1. Paul v. VirginiaSupreme Court of the United States · 1869
  2. In Re KemmlerSupreme Court of the United States · 1890
  3. Maxwell v. DowSupreme Court of the United States · 1900
  4. Blake v. McClungSupreme Court of the United States · 1898
  5. Duncan v. MissouriSupreme Court of the United States · 1894

5 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Tennessee Wine and Spirits Retailers Assn. v. ThomasSupreme Court of the United States · 2019
  2. Allen v. State of West Virginia Human Rights CommissionWest Virginia Supreme Court · 1984
  3. State v. HuberWest Virginia Supreme Court · 1946
  4. State Ex Rel. Morris v. West Virginia Racing CommissionWest Virginia Supreme Court · 1949
  5. Hayes v. Town of Cedar GroveWest Virginia Supreme Court · 1944

12 more not listed; retrieve them via the Exa API.

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