Legal Opinion

Rohrbacher v. Mayor of Jackson

Mississippi Supreme Court

Decided October 15, 1875PublishedCited by 15 opinions

Error to tbe Circuit Court of Hinds County. Hon. G-eo. E. Brown, Judge. Tbis was a proceeding by mandamus in tbe circuit court to ob. tain a peremptory writ of mandamus against respondents, commanding them to grant to petitioner a license to retail vinous and spirituous liquors in tbe city of Jackson.

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Error to tbe Circuit Court of Hinds County. Hon. G-eo. E. Brown, Judge. Tbis was a proceeding by mandamus in tbe circuit court to ob. tain a peremptory writ of mandamus against respondents, commanding them to grant to petitioner a license to retail vinous and spirituous liquors in tbe city of Jackson. Petitioner alleges that be bad complied with tbe law (Code of 1871) by procuring to bis petition tbe signatures of a majority of tbe male voters of tbe city, but that be bad not tbe names of any females on bis petition as required by act of tbe legislature, approved April 6, 1874. Tbe petition…

1Opinion of the Court

Simrall, J.,

delivered the opinion of the court.-

The only question seriously pressed is as to the validity of the “ aet ” of 1874 to amend section 2459 of the Code of 1871, regulating the sale of vinous and spirituous liquors, etc. The act to which this statute is an amendment is chap. 56, Code 1871, none of which is affected by the legislation in question except sec. 2459. The first seetion of the chapter declares “ it shall not be lawful for any person, except druggists and physicians under the restrictions hereinafter named, to sell vinous and spirituous liquors in a less quantity than one…

2Cases cited4 opinions

  1. Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
  2. Bartemeyer v. IowaSupreme Court of the United States · 1874
  3. Donnell v. StateMississippi Supreme Court · 1873
  4. House v. StateMississippi Supreme Court · 1872

3Cited by15 opinions

  1. Rocky Mountain Gun Owners v. PolisCourt of Appeals for the Tenth Circuit · 2024
  2. Hart v. StateMississippi Supreme Court · 1905
  3. RJ Reynolds Tobacco Co. v. KingMississippi Supreme Court · 2006
  4. Fouts v. Hood RiverOregon Supreme Court · 1905
  5. State ex rel. Arpen v. BrownSupreme Court of Florida · 1883

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