Pitcher v. Albi Mercantile Co.
This text of 60 Colo. 289 (Pitcher v. Albi Mercantile Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
(En banc).
Except as the ordinance of the City and County of Denver, No. 223, Series of 1913, may inhibit the issuance of a license to keep a saloon within a specified distance of designated places, the Excise Commissioner is invested with a sound judicial discretion, to be exercised in view of all the facts and circumstances of each particular case, as to granting or refusing a license to keep a saloon, and such discretion will not be interfered with unless it appears it has been abused. Muller v. Commissioners, 89 N. C. 171; Harrison v. The People, 222 Ill. 150, 78 N. E. 52; Swift v. The People, 63 Ill. App. 453; Batters v. Dunn, 49 Conn. 479; Black on Intoxicating Liquors, sec. 170, 23 Cyc. 135. It does not appear from the facts upon which the commissioner acted that he abused his discretion.
[290]*290The judgment of the District Court is reversed and the cause, remanded with directions to dismiss the proceeding.
Reversed and remanded with directions.
White, J., not participating.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
60 Colo. 289, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pitcher-v-albi-mercantile-co-colo-1915.