Corbett v. Duncan

Citations

• 63 Miss. 84

Syllabus

<p>1. Retailing Liquor. Petition against license. Section 1103, Code 1880, construed.</p> <p>Section 1103 of the Code of 1880 provides that petitions for license to retail vinous and spirituous liquors, after being presented and filed, shall lie over one month for consideration and the reception of counter petitions before being acted upon, and any name found on both petitions shall be counted against the granting of the license ; and if in any supervisor’s district or incorporated town, a majority of legal voters therein petition the board of supervisors or municipal authorities against the granting of license to retail spirituous liquors, then license shall not be granted 'to any applicant within the bounds of such district or incorporated town within twelve months after said petition is so presented. Where under this provision it is sought to prevent the issuance of any license to sell liquor for the period of twelve months, the petition must be signed by a majority of the legal voters within the supervisor’s district or incorporated town, but where it is sought to prevent the issuance of such license to a particular individual, a single voter may intervene by counter petition for the purpose of raising any valid objection to its issuance.</p> <p>% Same. Petition counter, of less than a majority. Effect thereof.</p> <p>But such counter petition of less than a majority of the legal voters can have no other effect than to call the attention of the authorities to any defects on the face of the petition, or to any facts which should prevent the issuance of the license, except where the signers thereof .have also signed the petition for license, in which case their names must he counted against the application for license.</p> <p>3. Same. Petition for license. What to contain.</p> <p>When a petition for license to retail vinous and spirituous liquors in less quantities than one gallon sets out in the language of (i 1103 of the Code of 1880, “ that the applicant is a s