Legal Opinion

Albright v. Erickson

Supreme Court of Oklahoma

Decided May 12, 1909No. 2197, Okla. TPublishedCited by 6 opinions

Error from District Court, Custer County; F. E. Gillette, Judge. Application by G. H. Erickson for a liquor license. J. H. Albright and others filed remonstrance.” From a judgment affirming the judgment -granting a license, Albright and others bring error. On the 12th day of November, A. D. 1906, G-. H. Erickson filed his application in the effiee of the clerk of Custer county, Okla.

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Error from District Court, Custer County; F. E. Gillette, Judge. Application by G. H. Erickson for a liquor license. J. H. Albright and others filed remonstrance.” From a judgment affirming the judgment -granting a license, Albright and others bring error. On the 12th day of November, A. D. 1906, G-. H. Erickson filed his application in the effiee of the clerk of Custer county, Okla. Ter., praying to have issued to him a license to sell at retail malt, vinous, and spirituous liquors in the town of Thomas. On the 24th day of November, A. D. 1906, J. H. Albright and others filed with the clerk…

1Opinion of the CourtWilliams, J.

(after stating the facts as above)-. Since the appeal was perfected to the Supreme Court of the territory of Oklahoma, said territory has been admitted as a part of the state of Oklahoma, and under the prohibition article of the Constitution (Bunn’s Ed. § 499; Snyder’s Ed. p. 394) a license for the sale of intoxicating liquors is forbidden. Consequently nothing could be availed by a decision of this ease on its merits. It has several times been held by this court that it will not decide abstract or hypothetical cases, disconnected from the granting of actual relief, or from the determination…

2Cases cited10 opinions

  1. Parker v. Territory Ex Rel. BostickSupreme Court of Oklahoma · 1908
  2. Chicago, R. I. & P. Ry. Co. v. TerritorySupreme Court of Oklahoma · 1908
  3. Freeman v. Board of Medical Examiners for Southern District of Indian TerritorySupreme Court of Oklahoma · 1908
  4. Harman v. BurtSupreme Court of Oklahoma · 1908
  5. Hodges v. SchaferSupreme Court of Oklahoma · 1909

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3Cited by6 opinions

  1. Reece v. ChaneySupreme Court of Oklahoma · 1911
  2. Town of Covington v. CoberlySupreme Court of Oklahoma · 1929
  3. Miller v. UrySupreme Court of Oklahoma · 1909
  4. Coburn v. ThorntonIdaho Supreme Court · 1917
  5. Wendel v. WendelSupreme Court of Oklahoma · 1958

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