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Weekly National Intelligencer
Washington, District Of Columbia
What is this article about?
The Virginia Court of Appeals in Lewisburg ruled that County Courts have full discretion to grant or refuse liquor sale licenses for ordinaries, with no legal review available. The decision affirms Judge Summers' judgment.
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"There is scarcely an apology now for bringing forward this question of moral reform upon the hustings there to clash with the bitter prejudices and irrelevant issues of political strife."
The fifth reason assigned by the Court of Appeals covers the whole ground. It is:
"The Legislature has not provided any mode of reviewing and controlling the discretion of the County Court and the Court is of opinion that no remedy in such case exists at common law, by way of mandamus, writ of error, or certiorari. They therefore affirm the judgment of Judge Summers.'"
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Where did it happen?
Domestic News Details
Primary Location
Lewisburg, Virginia
Key Persons
Outcome
the court affirms the judgment of judge summers; no remedy exists for reviewing county court discretion on liquor licenses.
Event Details
The Virginia Court of Appeals at Lewisburg decided that County Courts have full discretionary powers to grant or refuse licenses for the sale of intoxicating liquors by persons keeping ordinaries. The Legislature has not provided any mode of reviewing this discretion, and no common law remedy exists via mandamus, writ of error, or certiorari.