Ex Parte Clark

• Decision Date: 29 June 1901
• Parties: Ex parte CLARK.
• Court: Arkansas Supreme Court

64 S.W. 223

Ex parte CLARK.

Supreme Court of Arkansas.

June 29, 1901.

Appeal from circuit court, Randolph county; John B. McCaleb, Judge.

Petition for mandamus by J. M. Clark to compel the county court of Randolph county to issue a liquor license to petitioner. Petition denied, and petitioner appeals. Affirmed.

G. G. Dent, for appellant. P. H. Crenshaw and Witt & Schoonover, for appellee.

BUNN, C. J.

This is a petition for mandamus to compel the county court to issue whisky license to the petitioner. The petition was denied by the county court, and on appeal to the circuit court it was denied there also, and the judgment of the county court affirmed, in the following language, to wit: "It is considered and adjudged by the court that the county judge of Randolph county, in refusing license, exercised a sound judicial discretion, as shown by the order and judgment refusing the same, and the evidence in the cause." The county court had a discretion in the matter, not only as to the personal character of the petitioner, but as to the suitableness or unsuitableness of the place at which the sale is proposed to be made. There is not only some evidence to sustain the county judge in his findings, but his findings are supported by the evidence; and we affirm the judgment of the circuit court in its conclusions thereon.