Legal Opinion

Attorney General Ex Rel. Gillaspie v. Justices of Guilford County

Supreme Court of North Carolina

Decided December 5, 1844PublishedCited by 11 opinions

Appeal from the Superior Court of Law of Guilford County, at the Fall Term, 1844, his Honor Judge Peabson presiding. The following is the case presented by the record: The relator, Caldwell A. Gillaspie, obtained a writ of man-damusj directed to the justices of the Court of Pleas and Quarter Sessions for Guilford county, and commanding them to make an order, that he should receive from the sheriff of that county a license to retail spirituous liquors by the small measure, at…

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Appeal from the Superior Court of Law of Guilford County, at the Fall Term, 1844, his Honor Judge Peabson presiding. The following is the case presented by the record: The relator, Caldwell A. Gillaspie, obtained a writ of man-damusj directed to the justices of the Court of Pleas and Quarter Sessions for Guilford county, and commanding them to make an order, that he should receive from the sheriff of that county a license to retail spirituous liquors by the small measure, at his shop in the town of Greensborough, in that county. The writ was granted on the affidavit of Gillaspie, in which he…

1Opinion of the CourtRuffin, C. J.

The conduct of those gentlemen, who have brought up this question, seems to have been fair and honorable throughout; for they have not covered their refusal to license this man under any unfounded suggestion of personal objections, but, with the candor of persons conscious of an intention to do right, they put the truth upon their own record, with the view, if they were wrong, that there should be no improper impediment to any redress the law would afford. They have returned the same matter in substance to the alternative mandamus, in order that the question in its most general form might…

2Cited by11 opinions

  1. Barnes v. Commissioners.Supreme Court of North Carolina · 1904
  2. Edgerton v. . KirbySupreme Court of North Carolina · 1911
  3. Harrison v. People ex rel. RabenIllinois Supreme Court · 1906
  4. Britt v. . Board of CanvassersSupreme Court of North Carolina · 1916
  5. Britt v. Board of CanvassersSupreme Court of North Carolina · 1916

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