Legal Opinion

Hearn v. Brogan

Mississippi Supreme Court

Decided October 15, 1886PublishedCited by 5 opinions

Appeal from the Circuit Court of Clay County. Hon.. W. M. Rogers, Judge. On August 26, 1886, John T. Brogan presented to the.

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Appeal from the Circuit Court of Clay County. Hon.. W. M. Rogers, Judge. On August 26, 1886, John T. Brogan presented to the. Board of Mayor and Selectmen of the City of West Point, in Clay County,, a petition for license to sell vinous and spirituous liquors as follows : “ Your undersigned petitioners, being real estate owners in said city, over the age of twenty-one years, do hereby recommend John T. Brogan, a resident in. said city and. county, to be a person of good reputation and moral character,, and a sober and suitable person to receive a license to retail and sell vinous, spirituous,…

1Opinion of the CourtCampbell, J.

The result attained by dismissing the appeal was correct, whether the appeal should have been dismissed or not, for on the merits, as presented by the record, the law is with the appellee. Therefore we decline to decide as to the validity of the appeal, merging it in the paramount question, whether it could have been available.

That it was not avered that John T. Brogan is “ a male person,” and that he and the requisite number of those required joined in one petition for license, instead of his having one and his supporters another, and that the petition is for license to sell, without…

2Cited by5 opinions

  1. Mernaugh v. City of OrlandoSupreme Court of Florida · 1899
  2. Ex parte McInnisMississippi Supreme Court · 1910
  3. Chicago, R. I. & P. Ry. Co. v. HollidaySupreme Court of Oklahoma · 1915
  4. Winterton v. StateMississippi Supreme Court · 1887
  5. State v. MitchellTexas Supreme Court · 1920

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