Cassidy v. Wiley
Supreme Court of Georgia
Petition for mandamus. Before Judge Mathews.' Bibb superior court. November 22, 1913. S. D. Cassidy filed a petition for mandamus against C. M. Wiley, ordinary of Bibb county, to compel the respondent to issue to him a license to conduct the business of selling a commodity in imitation of or intended as a substitute for beer, under the Civil Code (1910), §§ 1763, 1765. The court granted a rule nisi, and upon the final hearing the case was submitted to the judge upon an…
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Petition for mandamus. Before Judge Mathews.' Bibb superior court. November 22, 1913. S. D. Cassidy filed a petition for mandamus against C. M. Wiley, ordinary of Bibb county, to compel the respondent to issue to him a license to conduct the business of selling a commodity in imitation of or intended as a substitute for beer, under the Civil Code (1910), §§ 1763, 1765. The court granted a rule nisi, and upon the final hearing the case was submitted to the judge upon an agreed statement of facts, which was in substance as follows: On November 11, 1913, the plaintiff applied to the ordinary for…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1, 2. The present case arises under an application for a mandamus absolute to compel the ordinary to issue a license authorizing the petitioner to sell what is commonly known as “near beer.” It has been held by this court several times, that, in order to entitle one to the writ of mandamus, it must appear that he has a clear legal right to have a particular act performed, the doing of wMch he seeks to have enforced. Adkins v. Bennett, 138 Ga. 118 (74 S. E. 838). Civil Code (1910) § 1769 reads as'follows: “Any person who shall sell,- or furnish, keep, or…
2Cases cited14 opinions
- Barbier v. ConnollySupreme Court of the United States · 1884
- Stone v. MississippiSupreme Court of the United States · 1880
- Mayor of New York v. MilnSupreme Court of the United States · 1837
- Central of Georgia Railway Co. v. StateSupreme Court of Georgia · 1898
- Plumb v. ChristieSupreme Court of Georgia · 1898
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3Cited by15 opinions
- City of Atlanta v. Blackman Health Resort Inc.Supreme Court of Georgia · 1922
- Phillips v. HeadSupreme Court of Georgia · 1939
- Douglas v. Board of EducationSupreme Court of Georgia · 1927
- Harmon v. JamesSupreme Court of Georgia · 1946
- Hart v. HeadSupreme Court of Georgia · 1938
10 more not listed; retrieve them via the Exa API.