Downes v. McClellan

This is a suit in mandamus to compel the board of county commissioners of the county of Jefferson to grant plaintiff a license to keep a dance hall where soft drinks would be sold. A demurrer to the alternative writ of mandamus was overruled. Defendants did not plead or answer thereafter, and the writ was made peremptory.

The complaint is based on the theory, and the contention of the plaintiff is, that the county commissioners had no discretion to refuse to grant the license. The statute involved in this case is section 3992 R. S. 1908, which provides as follows: “The board of county…