Yeilding v. Bland
Supreme Court of Alabama
Appeal from Cullman Circuit Court. Heard before Hon. D. W. Spealce. Mandamus by John Yielding against J. M. Bland and others, composing the Excise Commission of Cullman county for the revocation of a retail liquor license issued to another, and for the issuance of a license to petitioner. From a judgment denying relief petitioner appeals.
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Appeal from Cullman Circuit Court. Heard before Hon. D. W. Spealce. Mandamus by John Yielding against J. M. Bland and others, composing the Excise Commission of Cullman county for the revocation of a retail liquor license issued to another, and for the issuance of a license to petitioner. From a judgment denying relief petitioner appeals. Secton 7 of Acts 1911, p. 251, gives a preference to one holding a license and petitioner coming within that class his license should have been renewed without the necessity of formal application. The exercise by the Excise Commission of their authority to…
1Opinion of the CourtMcCLELLAN, J.
— Petition by John Yielding, for manadmus to compel the Excise Commissioners of Hanceville, Cullman county, to revoke a retailer’s liquor license issued thereby to one Cook, who was, with petitioner, an applicant for license for the year 1913, and to issue such license to the petitioner Yielding for the year 1913. The conclusion of law prevailing below was opposed to the relief sought, and the petition was dismissed. It appears from the petition that Hanceville is a town of such population as that only one retailer’s license may be issued therein. It further appears that petitioner was the…
2Cases cited4 opinions
- New York Ex Rel. Lieberman v. Van De CarrSupreme Court of the United States · 1905
- State ex rel. Crumpton v. MontgomerySupreme Court of Alabama · 1912
- Sullivan v. Iron Silver Mining Co.Supreme Court of the United States · 1883
- State ex rel. Ducourneau v. LanganSupreme Court of Alabama · 1907
3Cited by4 opinions
- Gardner v. StevensSupreme Court of Alabama · 1959
- State Ex Rel. Krasner v. Alabama Alcoholic Beverage Control BoardSupreme Court of Alabama · 1944
- Morgan County Commission v. PowellSupreme Court of Alabama · 1974
- Morgan County Commission v. PowellSupreme Court of Alabama · 1974