Rogers v. Hahn
Rogers v. Hahn
Opinion of the Court
delivered the opinion of the court.
The certiorari brought into view the record of the mayor and aldermen, which, with needless and unusual particularity, shows .the several rulings of the body, and among others that the counter-petitions were not in time, because not presented within the month for which the petition for license was required to lay over.
This is an erroneous view. A counter-petition is in time as long as the petition for license is not granted. License should not be granted if at the time of granting it does not appear affirmatively .that a majority of the legal voters required are petitioners for it. Prom this record, as made by the mayor and aldermen, we are not .■able to see that a majority of the legal voters of Woodville were petitioners for the license when it was granted.
The judgment of the circvAt court is reversed, and the order of the mayor and aldermen granting license is annulled.
Reference
- Full Case Name
- G. B. Rogers v. P. J. Hahn
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- 1. Liquor License. Counter-petition. Time for presenting. Section 1103, Code 1880. Under § 1103, Code of 1880, which provides that all petitions for license to retail liquor “ shall lay over one month for consideration, and the reception of counter-petitions, before being acted upon,” counter-petitions may be presented at any time before the granting of license, though after the expira^ tion of the month during which the petition for license is required to lie over. 2. Same. Petition therefor. What names cou/nted. Record on appeal. Under l 1103 of the Code of 1880, a license to retail liquors should not be granted unless the petition therefor contains a majority of the names of all the legal voters within the city, town, or district for which the license is sought, exclusive of all names appearing on the counter-petitions. And if the record of proceedings granting such license fails to show affirmatively that the petition therefor contained the requisite majority, this court will, upon appeal, reverse the action of the authorities in granting the license.