Cooper v. Shelton
Court of Appeals of Kentucky
Case 45 — AGREED CASE APPEAL PROM LINCOLN CIRCUIT COURT. 1. Even if appellee was entitled to the license as a matter of right, the clerk properly refused to grant it, because he had no legal right to do so, that being the duty of the County Court. (Ky. Stats., secs. 3704, 4203, 1057; Tabor v. Lander, 15 Ky.
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Case 45 — AGREED CASE APPEAL PROM LINCOLN CIRCUIT COURT. 1. Even if appellee was entitled to the license as a matter of right, the clerk properly refused to grant it, because he had no legal right to do so, that being the duty of the County Court. (Ky. Stats., secs. 3704, 4203, 1057; Tabor v. Lander, 15 Ky. Law Rep., 8; s. c. 94 Ky„ 237.) 2. The appellee was not entitled to the license as a matter of right, because prior to the application the Stanford magisterial precinct, which embraced the town of Rowland, had adopted local option, under the act of August 6, 1892. The local option law was…
1Opinion of the Court
JUDGE GUFFY
DELIVERED TIIE OPINION OE THE COURT.
This appeal is prosecuted by Geo. B. Cooper, county clerk of Lincoln county, from a judgment of the Lincoln Circuit Court rendered in the case of Thos. S. Shelton against Geo. B. Cooper, clerk, etc.
The agreed facts in the case show that on the 26th of March, 1894, an election had been legally held in Stanford magisterial district as to whether spirituous, malt or vinous liquors should be sold, bartered, or loaned in said district, and that a majority of the votes cast at said election were cast against such sale, and that due return of same had…
2Cases cited1 opinion
- Tabor v. LanderCourt of Appeals of Kentucky · 1893
3Cited by2 opinions
- In re O'BrienMontana Supreme Court · 1904
- Gunther v. HunekeWashington Supreme Court · 1910