McCreary v. O'Flinn
McCreary v. O'Flinn
Opinion of the Court
delivered the opinion of the court.
The writ of certiorari was properly quashed in this case.
It is the common law rule, as announced by this court in Deberry v. The President and Selectmen of Holly Springs, 35 Miss. 385, that none but parties to the record or proceedings sought -to be reviewed can prosecute or maintain a writ of certiorari. The rule is not changed by statute.
Appellants were not parties to the record, nor signers of a counter petition against the issuance of license to appellee, nor signers of a general petition against the granting of license to any person which had been disregarded by the mayor and selectmen, nor had they, as far as the record shows, made any objection before the mayor and selectmen to the granting of license to appellee, and consequently they were not so connected with the proceedings as to enable them to invoke the aid of the common law writ of certiorari.
A firmed.
Reference
- Full Case Name
- B. F. McCreary v. T. O'Flinn
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- 1. Certiorari. Who entitled to. None but parties to tbe record or proceedings sought to be reviewed can prosecute or maintain a writ of certiorari. 2. Same. Granting of liquor license. Who not party to proceedings. Tbe municipal authorities of the town of W. granted license to F, to retail liquors. At the time no objection was raised by any citizen to the granting of the license, nor was there a counter petition of any sort on file. Held, that the qualified voters of such municipality are not entitled to prosecute a writ of certiorari to have the proceedings granting the license reviewed, they not being parties to the record of such proceedings.