Green v. Alcorn County

• Decision Date: 09 February 1942
• Docket Number: 34806.
• Citation: Green v. Alcorn County, 192 Miss. 468, 6 So.2d 130 (Miss. 1942)
• Court: Mississippi Supreme Court
• Parties: GREEN v. ALCORN COUNTY.

6 So.2d 130

192 Miss. 468

GREEN v. ALCORN COUNTY.

No. 34806.

Supreme Court of Mississippi

February 9, 1942

Cary Stovall, of Corinth, for appellant.

W C. Sweat, of Corinth, for appellee.

McGEHEE Justice.

On May 31, 1941, the appellant obtained a license to sell beer at retail in his place of business, which was located in the Goosepond Separate School District, about seventeen miles from the City of Corinth in Alcorn County, where he was then completing the erection of a building for operating a gasoline filling station, also to be occupied as living quarters for himself and family.Two days later, a petition signed by a majority of the citizens of the school district and patrons of the Goosepond School was presented to the board of supervisors of the county asking that the building "now being erected for the purpose of selling light beer and wines be declared a nuisance."Thereupon, an order was passed by the board excluding the sale of such beverages from the entire school district, and upon a hearing held in connection therewith, at which the appellant and other witnesses testified before the board, it was found and adjudicated that the distance to the nearest residence from the appellant's place of business is one-half mile; that the next nearest is three-quarters of a mile; that the next nearest is one mile; that it is one and one-half miles to the said Goosepond Public School, and approximately the same distance to the nearest church.The board further found as a fact that the school district does not provide transportation for the students attending the Goosepond School, that it has no regular school routes and that no school children going to or coming from school pass by the appellant's place of business, either walking or riding, when going to that or any other school; that the school is located in a rural area where the territory is not more thickly populated than any other rural area of the county; that the two justices of the peace and constable of the supervisors' district in which the school district is located now reside five or six miles away; that the appellant's place of business is located on new HighwayNo. 72, which had been used less than a year; that the appellant was the only authorized beer dealer in the fifth supervisors' district of the county; and that he had been selling beer therein only since May 31, 1941.

The foregoing facts were all embodied in the bill of exceptions taken by the appellant on his appeal to the circuit court where the order of...