McWilliams v. Phillips

Citations

• 51 Miss. 196

Syllabus

<p>1. License to Retail Liquobs : Art. V, Oode of 1851, p. 198.</p> <p>Tbis act provides, that before a license shall issue to retail liquors, the applicant must first pay the required tax. This statute is positive, and no discretiou is left to the officer.</p> <p>3. Same: Buie of in pari delicto.</p> <p>Where all the parties participate in the violation of the law, the court will not, where the contract is executed, interfere for the relief of either party, but will leave them in their respective conditions. Where the contract is executory, the court will likewise refrain from lending its aid to carry it into effect.</p> <p>3. Same: O ase in judgment.</p> <p>McW., as county treasurer, took notes of P. in payment of license to retail liquors. Held, that the notes were void, that the county treasurer had no authority to receive them, and that he is liable to the county for the amount of the licenses.</p>