112 Ky. 817 | Ky. Ct. App. | 1902
Opinion of the court by
Affirming.
This case involves the construction of subdivision 4, section 3704, Kentucky Statutes, relating to the government of towns of the sixth class. It is insisted that, where a
It appears from the record in this case that appellant
Judgment affirmed.
This action was instituted in the Marshall circuit court ■by the appellant to compel the appellees, trustees of the town of Benton, a city of the sixth class, to grant him a license to retail spirituous, vinous and malt liquors in said town. It appears from the petition that on the 10th of March, 1898, the board of trustees fixed the price of liquor
In addition to the averments in the original petition heretofore referred to, the amendment offered alleged that prior to February, 1898, the sale of spirituous, vinous, and taalt liquors w'as permitted in the town of Benton, a vote having been taken on the 2d of June, 1891, which resulted in a majority voting for the sale. The petition then shows that in May, 1898, an election was again held in the town of Benton, and a vote taken as to whether or not spirituous,-vinous and malt liquors should be sold in said town, and.that a majority of those voting, voted in favor of such sale. It is again alleged that defendants continued to refuse to grant plaintiff license to sell such liquors, and, unless required and compelled to do so by the court, they will continue to so refuse, which, it is alleged, is contrary to law, and in violation of plaintiff’s rights, and will cause great irreparable injury to him in preventing- him from carrying -on and engaging in his business, which he has been engaged in for several years last past. It is the, conten