Fosdick v. Terry

GOODWYN, Justice.

Appellant, petitioner below, filed in the circuit court of Mobile County a petition for mandamus to require the clerk and councilmen of the city of Prichard to issue him a beer license for off-premises consumption. By amendment, the clerk was stricken as a party. The trial court, after an oral hearing, denied the writ and dis*227missed the petition. This appeal followed. Code 1940, Tit. 7, § 1074.

The petition, to the extent here material, alleges, in short, the following: That on June 10, 1957, the city of Prichard adopted ordinance 704 levying a license on the retail sale of…