Galvin v. Davidson
Galvin v. Davidson
Opinion of the Court
The defendant in error, B. H. Davidson, obtained a peremptory writ of mandamus in the Circuit Court of Hillsborough county against the plaintiffs in error as county commissioners of said county commanding them to issue to him a permit, under the statute in such cases, to sell liquors, wines and beer in election district No. 28 of said county for and during the license year beginning on the 1st day of October, A. D. 1903, and ending on the 1st of October, A. D. 1904. From the judgment awarding the peremptory writ the said county commissioners have sued out writ of error from this court.
Shackleford, Cockrell, Hocker and Whitfield, JJ., concur.
Carter, J., absent.
Reference
- Full Case Name
- Daniel J. Galvin, Charles B. Ware, James D. Pollard, Barry W. Branch and Walter O. Hobbs, County Commissioners or Hillsborough County, in Error v. B. H. Davidson, in Error
- Cited By
- 6 cases
- Status
- Published
- Syllabus
- Appellate Practice — Dismissal Where Nothing Can Result From Decision. Where the object of proceedings in mandamus is to compel the issuance of a permit to engage in a license occupation, and when the appellate court reaches such cause for adjudication it finds that the time has already expired when the permit sought to be coerced could legally be operative, such cause will be dismissed, since nothing could result from the decision either pro or con to either of the parties.