Sampson Distributing Co. v. Cherry

[1] Respondent, Sampson Distributing Company, filed this, a mandamus suit, against appellant Cherry, the State Inspector of Oils and Motor Fuels, to compel appellant to issue a license to respondent company as a distributor of motor fuels. The trial court issued the writ as prayed for, from which judgment an appeal was taken. A state officer being sued vests this court with appellate jurisdiction.

[2] Appellant insists that the trial court erred in entering a decree compelling him to issue respondent a license, because the evidence showed that the respondent corporation was organized by J.O.…