Fooks v. Purnell

• Decision Date: 20 June 1905
• Parties: FOOKS v. PURNELL, Clerk of Circuit Court.
• Court: Maryland Court of Appeals

61 A. 582

101 Md. 321

FOOKS v. PURNELL, Clerk of Circuit Court.

Court of Appeals of Maryland

June 20, 1905

Appeal from Circuit Court, Worcester County, in Equity; Henry Lloyd Judge.

Bill by Purnell M. Fooks against Francis Henry Purnell, clerk of the circuit court for Worcester county. From an order dismissing the bill, plaintiff appeals. Affirmed.

Argued before McSHERRY, C.J., and FOWLER, BRISCOE, BOYD, PEARCE SCHMUCKER, and JONES, JJ.

A.P Barnes, for appellant.

Robley D. Jones, for appellee.

BRISCOE J.

The appellant is the proprietor of a house called the "Victor Hotel," located in Snow Hill, Worcester county, and on the 14th day of June, 1904, applied to the clerk of the circuit court for a license to sell spirituous and fermented liquors, according to the requirements of article 24 of the Code of Public Local Laws, tit. "Worcester County," as amended by chapter 411, p. 717, of the Acts of 1896, regulating the granting of liquor licenses for Worcester county. The act provides that no person in Worcester county, unless qualified as therein required, shall obtain a license for the sale or barter of spirituous or fermented liquors in any quantity whatever. It provides who shall be deemed a hotel keeper, within the meaning of the act, and empowers the clerk of the circuit court for the county to determine whether the applicant for a license has complied with these requirements, and, "whenever the provisions of the statute are fully complied with, it shall be the duty of the clerk to issue to the applicant a license accordingly. On the 14th day of June, 1904, the appellant applied to the clerk of the circuit court for a license, alleging that he had complied with the provisions of the act. The clerk, however, refused to issue the license, but indorsed thereon, "License refused," without assigning a reason therefor. The appellant, upon this refusal, filed a bill in the circuit court for Worcester county, in equity, asking the court to assume jurisdiction, review the proceedings had before the clerk of the court, and direct a license to be issued according to his alleged rights under the statute. The appellee demurred to the bill, and from an order of court dismissing the bill this appeal has been taken.

It is too clear, we think, to admit of dispute, that a court of equity has no jurisdiction to review the action of the clerk in refusing to grant a license, as shown by the proceedings in this case. The granting or refusing a license to sell liquor is a duty imposed by a special law upon the...