City of Louisville v. Gagen
Court of Appeals of Kentucky
Appeal from Jefferson Circuit Court, criminal division. Joseph Pryor, Judge. Prom the judgment the city appeals. Opinion op the Court by Judge Carroll — Affirming. PROPOSITIONS. 1. If the proof shows that the applicant has failed in any one of the qualifications required, it is the duty of the license board to deny the application.
Read the full summary
Appeal from Jefferson Circuit Court, criminal division. Joseph Pryor, Judge. Prom the judgment the city appeals. Opinion op the Court by Judge Carroll — Affirming. PROPOSITIONS. 1. If the proof shows that the applicant has failed in any one of the qualifications required, it is the duty of the license board to deny the application. Sections 3031 and 3033, Charter of the City of Louisville. 2. The members of the license board were justified in their opinion that the retailing of liquor in the precinct where applicant desires to locate his place of business would be injurious, to the people…
1Opinion
Response to Petition por Re-Hearing by
Judge Hobson.
In Thompson v. Koch, 98 Ky. 400, 33 S. W. 96, it was held that it should appear that the judgment of the board was the exercise of an arbitrary discretion before the circuit court would disregard its judgment. In Hodges v. Metcalfe County Court, 116 Ky. 527, 76 S. W. 381, it was said that the action of the county judge in granting a license will not be interfered with unless manifestly erroneous. In Commonwealth v. Campbell (Ky.) 107 S. W. 797, it was said that the board is invested with broad discretion in granting or refusing licenses, and…
2Cases cited3 opinions
- Thompson v. KochCourt of Appeals of Kentucky · 1895
- Hodges v. Metcalfe County CourtCourt of Appeals of Kentucky · 1903
- Commonwealth v. CampbellCourt of Appeals of Kentucky · 1908