Legal Opinion

Hill v. Commissioners of Decatur

Supreme Court of Georgia

Decided March 15, 1857No. 42PublishedCited by 3 opinions

Mandamus, from DeKalb Superior Court Decision by Judge Bull, at chambers, February, 1857. This was an application by William M. Hill, the relator, for a mandamus against the Commissioners of the town of Decatur, in the county of DeKalb, to compel them to grant to him a license to retail spirituous liquors in said town.

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Mandamus, from DeKalb Superior Court Decision by Judge Bull, at chambers, February, 1857. This was an application by William M. Hill, the relator, for a mandamus against the Commissioners of the town of Decatur, in the county of DeKalb, to compel them to grant to him a license to retail spirituous liquors in said town. Relator averred that he had been engaged in retailing liquors in said town for more than twenty-five years, and that it was his only or principal means of supporting himself and family; that he had applied to said Commissioners for a license; had tendered a bond duly executed…

1Opinion of the Court

By the Court.

Penning, J.

delivering the opinion.

The question is, ought the mandamus to have been granted ? The Court below refused to grant it.

*205The Commissioners of the town of Decatur, in resistance to the application for a mandamus, set up the act of the 3d of March, 1856, to amend an act to incorporate the town of Decatur, and the ordinance passed by them in accordance with, what they supposed to be, the import of the twelfth section of that act.

Tn reply to this defence, the applicant for the mandamus took two positions.

1st. That the whole body of the said act of March the 3d, 1856, was…

2Cited by3 opinions

  1. Henderson v. HeywardSupreme Court of Georgia · 1899
  2. Piedmont National Building & Loan Ass'n v. BryantSupreme Court of Georgia · 1902
  3. Harrell v. Cane Growers Co-Operative Ass'nSupreme Court of Georgia · 1925

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