McNeely v. Commissioners of Morganton
Supreme Court of North Carolina
Oivn. AotioN for mandamus to the defendants commanding them to hear the application of plaintiff and to grant to him license to retail spirituous liquors in Morganton, heard before Allen, J., at CHAMBERS in Morganton, on 22nd July, 3 899. The mandamus was refused. Plaintiff excepted and appealed. The circumstances are fully stated in the opinion.
1Opinion of the CourtEurcues, J.
By various acts of the legislature and the vote of the town of Morganton, it had been a “dry” town for twenty years or more, that is, the right to issue license to retail spirituous liquors by the small measure had been prohibited. This being the “status,” when the Legislature of 1895 (chap. 158), passed and ratified an act authorizing an election to be held on the first Monday in May, 1895, at which election it should be determined whether license should be granted for the sale of liquor by the small measure or not; that if a majority voted for licenses, they should be granted.
The act…
2Cases cited3 opinions
- State Ex Rel. Quinn v. LattimoreSupreme Court of North Carolina · 1897
- McDonald v. . MorrowSupreme Court of North Carolina · 1896
- Wilmington, Onslow & East Carolina Railroad v. Commissioners of Onslow CountySupreme Court of North Carolina · 1895
3Cited by3 opinions
- Battle Creek Brewing Co. v. Board of SupervisorsMichigan Supreme Court · 1911
- R. R. v. . CommissionersSupreme Court of North Carolina · 1895
- Hops v. PoeCalifornia Court of Appeal · 1914