#### HOWELL v. COMMISSIONERS.

(Filed April 12, 1904).

Por headnote to this ease, see Barnes v. Gonvmissioners, a.t this term.

ActioN by A. M. ITowell against tbe Board of Commissioners of Wilson County, beard by Judge Frederick Moore, at Chambers, in Wilson, N. 0., February 16, 1904. From a judgment for tbe plaintiff the defendants appealed.

Shepherd & Shepherd and F. A. & S. A. Woodard, for the plaintiff.

Connor & Connor, F. A. Daniels, and W. A. Lucas, for tbe defendants.

Walkeb, J.

Tbe facts in this case are substantially like those in Barnes v. Commissioners, 135 N. C., 27, decided at this term, and for this reason it must be governed by tbe principle stated in that case. Tbe Court adjudged that a mandamus issue to tbe defendants commanding them to investigate tbe application of tbe plaintiff, and if they should find that be is a fit and proper person to have license, and that tbe place where be proposes to sell liquors is a suitable one, then to issue an order to tbe Sheriff to grant him a license upon bis paying tbe fees and taxes as required by law, or show cause why a peremptory mandamus should not issue. For tbe reasons given in Barnes v. Commissioners of Wilson, there was error in said judgment. Remanded with directions to dismiss the action.

Error.