Haddox v. Clarke County

• Decision Date: 02 October 1884
• Citation: 79 Va. 677
• Parties: HADDOX v. THE COUNTY OF CLARKE.
• Court: Virginia Supreme Court

79 Va. 677

HADDOX v. THE COUNTY OF CLARKE.

Supreme Court of Appeals of Virginia.

October 2, 1884

Error to order of circuit judge of Clarke county, made in vacation on 4th August, 1882, in refusing application of J. P. Haddox for a license to sell liquor by retail at Millwood Chapel magisterial district in said county.

Under Acts 1879-80, page 271, entitled " An act to provide for submitting the question of liquor licenses, or no liquor licenses, to the qualified voters of Warren and Clarke counties, and to the qualified voters of each magisterial district in said counties, on the Tuesday succeeding the first Monday in November, 1880, and every two years thereafter," --an election was held, which resulted in a majority against liquor licenses in Chapel magisterial district, but no notices of said election were posted in said district as required by said act. The plaintiff in error, on 10th April, 1882, applied to the county court of Clarke county for such license at Millwood in said district. The court certified that it was satisfied that the applicant was a fit person, and that his place was suitable for said business, but refused the application on the sole ground that at said election a majority of the votes cast in said district on the question of license or no license, was against license. And during the term, the applicant appealed of right to the circuit court or judge, giving bond as required by law. On 4th August, 1882, before the circuit judge of Clarke county, in vacation, the appeal came on to be heard de novo, when the honorable judge made the same order on the same ground. At the hearing, the applicant offered two witnesses to prove that notices of said election had not been posted in Clarke county and in said district as required by law; but the judge refused to admit such evidence and the applicant excepted. To this order the applicant obtained a writ of error and supersedeas.

W R. Alexander, for the plaintiff in error.

No counsel for the defendant in error.

OPINION

FAUNTLEROY J.

The record in the case shows that " at a county court begun and held for the said county of Clarke on the 10th day of April, 1882, upon the application of John P. Haddox for a license as retail liquor dealer as well as a bar-room liquor dealer, for one year commencing May 1st, 1882, and ending April 30th, 1883, at Millwood, in Chapel district, in this county, in the store room now occupied by him, witnesses were examined touching the said application on behalf of the said applicant, and said application was refused; whereupon, the said John P. Haddox took an appeal from the decision of this court to the circuit court of this county." And the said appeal came on to be heard in vacation before the judge of the said circuit court, at his chambers in Front Royal, on the 22d day of May, 1882, upon the record evidencing the election held November 2d, 1880, and vote upon the question of the prohibition of the sale of ardent spirits in Chapel magisterial district of Clarke county, in the words and figures following to wit:

" It is hereby certified that the number of electors at this election, held November 2d, 1880, at Millwood precinct in Chapel magisterial district, in Clarke county, Virginia amounts to two hundred and forty-seven votes. For license to sell intoxicating liquors received sixty-one votes. Against license for the sale of intoxicating liquors received one hundred and thirty-one votes. Nath'l Burwell, Champ. Shepherd and A. Wood, judges. Attest: G. C. Neville, P. H. Shearer; " and the evidence of witnesses; whereupon the said judge refused the said licenses, and upon the said hearing the said J. P. Haddox filed his bills of exceptions. The judge of the circuit court certifies, that upon the trial of the said application the said J. P. Haddox, the applicant, proved that, in every respect, he complied with the requirements of the general license law of the state to entitle him to the licenses as a bar-room liquor dealer and as a retail liquor dealer, having fully proved further, to the satisfaction of the judge of the said circuit court, that he, said Haddox, was a proper, fit and suitable person to conduct said business, and that the place was a suitable and convenient one for the purpose, it being the same where, for five years up to May 1, 1881, said applicant conducted said business in an orderly and exemplary manner. Said Haddox tendered to the said judge a good and ample bond, with good and satisfactory security

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