Legal Opinion

Smith v. Mitchell

West Virginia Supreme Court

Decided June 16, 1911PublishedCited by 9 opinions

Petition by Homer Smith ancl others for mandamus to E. B. Mitchell, Clerk of the County Court of Mason County.

1Opinion of the Court

BkaNNON, Judge.

Until the enactment of chapter 85 of the Acts of the Legislature of 1911, the council of the town of Point Pleasant had sole and exclusive power to grant license to sell spirituous liquors, without regard to the county court of Mason county; but that act took away this council power by the provision that, “No license to sell at wholesale or retail spirituous liquors, wine, porter, ale, beer or drinks of like nature shall be granted *482by the council of said town. Such license shall only be granted by the county court in the manner prescribed by law.” Upon the claim that this act…

2Cases cited17 opinions

  1. Allopathic State Board of Medical Examiners v. FowlerSupreme Court of Louisiana · 1898
  2. Cleland v. AndersonNebraska Supreme Court · 1902
  3. Chicot County v. DaviesSupreme Court of Arkansas · 1882
  4. Nelson v. Haywood CountyTennessee Supreme Court · 1892
  5. People ex rel. Partello v. McCulloughIllinois Supreme Court · 1904

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3Cited by9 opinions

  1. State Ex Rel. Hunzicker v. PulliamSupreme Court of Oklahoma · 1934
  2. Carlton v. GrimesSupreme Court of Iowa · 1946
  3. Hood v. City of WheelingWest Virginia Supreme Court · 1920
  4. Kavanaugh v. Chandler, Lieut. GovernorCourt of Appeals of Kentucky (pre-1976) · 1934
  5. United Insurance v. Attorney GeneralMichigan Supreme Court · 1942

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