[Download] "State v. Gunn" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: State v. Gunn
- Author : Supreme Court of Montana
- Release Date : January 23, 1931
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
1. Mandamus — What must be shown to entitle one to writ. To obtain the aid of a court by mandamus, the party applying for the writ must establish a clear legal right in himself to the relief prayed for and a violation of duty on the part of the person or officer sought to be coerced. 2. Mandamus — Writ not issued on discretionary acts. Mandamus will not lie to compel the issuance of a license unless the party seeking same shows a clear legal right thereto and there must be a clear legal duty, not involving discretion, to issue the license enjoined by law on the officer, board, or official. 3. Intoxicating liquors. District Court erred in making writ of mandate against Liquor Board permanent where there was no authority in the law which allowed Liquor Board to approve or consent to a transfer of a liquor and beer license to another location. Page 302
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