Legal Opinion

State ex rel. Brockett v. City of Alliance

Nebraska Supreme Court

Decided July 10, 1902No. 12,742PublishedCited by 5 opinions

Error from the district court for Box Butte county. Tried below before Westover, J. Two distinct legal questions are presented by this record: 1st. Under the Ames Law, can a board authorized to grant license, after having declared itself in favor of license, and having granted license to certain licensees, arbitrarily refuse license to other applicants, who have strictly complied with the requirements of the law, and entitled to license save for the caprice of the board? 2d.

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Error from the district court for Box Butte county. Tried below before Westover, J. Two distinct legal questions are presented by this record: 1st. Under the Ames Law, can a board authorized to grant license, after having declared itself in favor of license, and having granted license to certain licensees, arbitrarily refuse license to other applicants, who have strictly complied with the requirements of the law, and entitled to license save for the caprice of the board? 2d. Can a licensing board, after having granted a license and having directed the same to issue, and having approved the…

1Opinion of the CourtHolcomb, J.

The relators prosecute error proceedings from an order of the district court for Box Butte county denying their applications for peremptory writs of mandamus against the respondents, and dismissing at their cost the three several actions brought for the purpose of obtaining such writs. By agreement of all parties in interest, the three several actions were consolidated and pro- wuted as one suit, the law and the facts being equally applicable to each, and the writs prayed for being identical, save as to the names of the relators; and the right to have the Avrits issued is based substantially…

2Cases cited2 opinions

  1. Sherlock v. StuartMichigan Supreme Court · 1893
  2. Brock v. StateSupreme Court of Georgia · 1880

3Cited by5 opinions

  1. Arkansas State Racing Com'n v. Southland Rac. Corp.Supreme Court of Arkansas · 1956
  2. Allen v. Nebraska Liquor Control CommissionNebraska Supreme Court · 1966
  3. J K & J, Inc. v. Nebraska Liquor Control CommissionNebraska Supreme Court · 1975
  4. In re JugenheimerNebraska Supreme Court · 1908
  5. In re Jorgensen for a Liquor LicenseNebraska Supreme Court · 1906

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