A. Loeb & Co. v. Duncan
A. Loeb & Co. v. Duncan
Opinion of the Court
delivered the opinion of the court.
The right of the appellees to invoke the aid of the court, and the power of the circuit court to correct the errors of the inferior tribunal by certiorari, rest upon the same facts substantially as those disclosed in the case of Corbett v. Duncan, ante, page 84, and Avhat Avas there said is applicable to this case. This is a petition by the firm of Loeb & Co. for a license to retail liquor in the town of Meridian, and the petition filed by them and signed by the voters of the town recommended “A. Loeb & Co. to be of good reputation and sober and suitable persons to retail vinous and spirituous liquors, etc.” It does not appear by the petition Avho composed the firm of Loeb & Co., and this we think xvas a fatal defect. A fii’m cannot be said to be a person of good reputation, nor can it be said that it is a sober person. The members of the
Licenses to prosecute a lawful and harmless vocation are required purely as a means to raise revenue, and are demandable as a matter of right by any one who will pay therefor, but licenses to retail intoxicating liquors may be secured only upon the recommendation of the person applying by a majority of the legal voters of the municipality, and a recommendation of the firm or of the members who compose it, without stating who they are, is not such a recommendation of the person as is contemplated by the statute.
The judgment is affirmed.
Reference
- Full Case Name
- A. Loeb & Co. v. L. A. Duncan
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- 1. Retailing Liquor. Petition for license. Peeommendation of firm. Under $1103 of the Code of 1880, which requires all petitions for license to retail liquors to set out that the “ applicant is of good reputation and a sober and suitable person to receive such license,” a petition which states that a certain firm, as A, B & Co., without giving the individual names of the firm, “are of good reputation and sober and suitable persons to receive such license,” is not good, because of the failure to set out the individual names of the firm. 2. Same. Certiorari to municipal authorities. Where awarded. Where municipal authorities grant a license to retail vinous and spirituous liquors on a petition on its face insufficient, a writ of certiorari may be awarded by the circuit court in order to review the proceedings of such municipal authorities, on the application of any person who has duly filed a counter petition. Corbett v. Duncan, ante, page 84, cited.