Lorenzino v. State ex rel. James

Citations

• 18 N.M. 240
• 135 P. 1172

Syllabus

<p>SYLLABUS (BY THE COURT)</p> <p>1. Under section 4, chapter 115, S. L. 1905, where liquor is. being sold “outside of the locality for which such license was granted,” it is the duty of the board of county commissioners to cancel the license, and such board has no discretion in the matter, where the facts exist, which authorize the cancellation.</p> <p>P. 244</p> <p>2. The word “may,” as used in the statute, is employed in the sense of “shall.”</p> <p>P. 244</p> <p>3. The board of county commissioners, in determining the-fact as to whether liquor is being sold outside of the locality for which the license was granted, acts only in a ministerial capacity; and, where the facts upon which it acts are not disputed, mandamus is the proper remedy to compel the cancellation of a liquor license, where liquor is being sold thereunder outside of the locality 'for which such license was. granted.</p> <p>P. 244</p> <p>4. Section 4129, C. L. 1897, construed, and held not to authorize the cancellation of a liquor license.</p> <p>P. 245.</p>