Fooks v. Purnell

Briscoe, J., delivered the opinion of the Court. 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 spiritous and fermented liquors, according torthe requirements of Article 24 of the Public ³²² Local Laws, title Worcester County,-as amended by ch. 411 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 quanity 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 endorsed 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 jurisdition to review the