Capps v. Bozeman

COLEMAN, Justice.

This is an appeal by respondents from a judgment of the circuit court granting a peremptory writ of mandamus.

The petitioner for mandamus applied to the City of Prichard for a license to sell beer at retail, at a certain location, for off premises consumption. The respondents are the councilmen and clerk of the City of Prichard. Respondents refused to issue the license applied for and petitioner commenced the instant proceeding to require respondents to issue the license. The circuit court awarded the writ and respondents have appealed.

Respondents insist that the court er-red…