1^ tt A Et PARTE CLARK. 435 Ei Pkitt CLA:Ak. Opinion delivered Attie 29, 1901. LI QUORS — DISCRETION OF COURT TO REFUSE LICENSE.—The county court has a discretion in the mattiur of granting a license to sell liquors, both as to the personal character of the applicant and the suitable- ness of the place' ai whiCh the s r ale is 1U-opo -sed toc' be made, and its decision, if supported by evidence, will not be reversed. Appeal fibm Randolph Circnit COurt. JOTIN B. MCCALEB, Judge. G. G. Dent, for Clark. Conducting a licensed saloon is not per se a nuisaiice. 11 Humph. (Tenn.), 411; Black, Intox. LiquOrs; § .343. The COunty judge cannot discriMinate betlyeen parties as to , licenses. 43 Ark. 61; Black, Intox. Liquors, §§ 170, 171; §and. & 4857, 4863, 4867, 4868, 4877. See'S. 4g56, P. H. Crenshaw, Witt & Schoonover, opposing. Appeals lie only from final . decrees, judgments , ,and orders. 26 Ark. 452; 26 Ark. 95; 25 Ark. 420; 36 Ark. , 2,00; 30 Ark. 665. The opinion of the judge iS not final: 48 Md. 592. The judgment must be rendered and , entered before it is final. 32 N. W. Rep. 42; 1 Wash. T. 153. A final judgment musk give relief by ifs oN r v'n force, Witliont furthr actiOn 63, the court. 1 K 30. BUNN , . C. J. This is an appeal from an order of the county court refusing to issue a whisky license. The petition was denied by the county court, and on appeal to the it was denied there , circuit court . also, . and the judgment of the , county court affirmed, in the following language, to-wit "It is considered and adjudged by the court that the county judge of Ran-
436 [69 ARK. dolph- county, in refusing license, exercised a sound judicial discretion, as shown by the order and judgment refusing the same, and the evidence in the cause." The county court had a discretion in the matter, no only as to the personal character of the petitioner, but as to the suitableness or unsuitableness of the place at which the- sale is proposed to be made. There is not only some evidence to sustain the county judge in his findings, but his findings are supported by the evidence, and we affirm the judgment of the circuit court on its conclusions thereon.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.