State ex rel. Alcoholic Beverage Commission v. Davis

Relator brings this action to prohibit respondents from hearing an appeal from an order alleged to have been made by relator, respecting the sale of certain . alleged unstamped cigarettes, taken from one Carlson. A temporary writ of prohibition was issued and served upon respondents, to which they filed their verified response on November 29, 1950.

At the outset respondents call attention to the fact that there is no such entity in existence as “The Alcoholic Beverage Commission,” the relator named in the petition, and that this action cannot be maintained without an existent relator. No…