(Download) "Gill v. Liq. Control Board" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: Gill v. Liq. Control Board
- Author : Supreme Court of Montana
- Release Date : January 23, 1958
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
APPEAL AND ERROR ? MANDAMUS ? COURTS. 1. Appeal and error ? Power to dismiss appeal. Supreme Court has power, sua sponte, to dismiss any appeal which does not present an actual justiciable controversy. 2. Mandamus ? Appeal dismissed without prejudice. Where district court entered order directing liquor control board to grant retail liquor and beer licenses to applicant and directed issuance, by clerk of court of peremptory writ of mandate to compel compliance and thereafter, district court denied request that proceedings be automatically stayed pending appeal and directed delivery of licenses to applicant, appeal would be dismissed, with prejudice, notwithstanding applicant did not file motion to dismiss appeal and Board could have preserved its right of appeal by filing petition for supersedeas with Supreme Court.