Romberger v. Board of Mayor

Citations

• 63 Miss. 218

Syllabus

<p>Writ of Prohibition. Where not proper. Unlawful intent must he manifest.</p> <p>H. filed a petition with the board of mayor and aldermen of the town of W. for license to retail liquors. R. and others, citizens of the town, filed a counter petition in due time. After the expiration of the month for which, under $ 1103, Code of 1880, the petition was required to lie over, an additional petition signed by persons who had signed the counter petition, and asking that their names be taken therefrom, was filed by H., with a committee appointed by the board to examine the question. R. and others applied for a writ of prohibition, setting out that “ we are informed and believe that the board will vote to grant license ” by taking into consideration such last petition filed by H., and asking that the board be restrained from so considering it. The writ was granted, but upon motion of the respondents the prohibition was discharged. H'eld, that the prohibition was properly discharged. The board had not entertained jurisdiction of the additional petition, nor done any act which showed an intention to do so; and it cannot be assumed that any tribunal will act in a matter over which it has no jurisdiction until it has done some act to indicate its intention so to do.</p>