State v. Justices of the Inferior Court
Supreme Court of Georgia
Mandamus, &c. in Morgan Superior Court. Decision by Judge Hardeman, March Term, 1854 Lester Markland applied to tho Inferior Court of Morgan county, for an order for a license to retail spirituous liquors in that county, having paid for such license, and being ready .to give the bond and security required.
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Mandamus, &c. in Morgan Superior Court. Decision by Judge Hardeman, March Term, 1854 Lester Markland applied to tho Inferior Court of Morgan county, for an order for a license to retail spirituous liquors in that county, having paid for such license, and being ready .to give the bond and security required. Tho Court refused to grant the license, on the ground that the applicant was an unfit person to be so licensed—having been twice convicted of selling spirituous liquor to slaves, contrary to law. On hearing this return to a mandamus nisi, Judge Hardeman refused to make the- mandamus…
1Opinion of the Court
By the Court.
Starnes, J.
delivering the opinion.
[1.] The decision of the Court below, proceeded on the gr'ound, that the Inferior Court of Morgan county was clothed, by law, with a discretion, in the exercise of which they might rightfully refuse the license applied for by the plaintiff in error, although he had paid the county Treasurer for the same, and was ready to give the bond and security required by law. The correctness of this decision, is to be determined by the Statutes of our State on this subject. A review of this legislation is, therefore, proper.
It is agreed, that the first Act…
2Cases cited2 opinions
- United States v. FreemanSupreme Court of the United States · 1845
- Church v. CrockerMassachusetts Supreme Judicial Court · 1807
3Cited by5 opinions
- Ex parte LevySupreme Court of Arkansas · 1884
- In re HooverDistrict Court, S.D. Georgia · 1887
- Price v. StateCourt of Appeals of Georgia · 1947
- Gormley v. SearcySupreme Court of Georgia · 1936
- Wiggins v. VarnerSupreme Court of Georgia · 1881