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#17 |
Currently @ MLO Territory
Join Date: Dec 2010
Location: Under the Shadow
Posts: 2,290
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I found all these cases, i think it will help for a motion to dismiss:
The Nature of a License: A license is merely a permit or privilege to do what otherwise would be unlawful. Payne v. Massey, 196 S.W. 2d 493; 145 Tex. 237, 241. The purpose of a license is to make lawful what would be unlawful without it. State v. Minneapolis- St. Paul Metro Airports Commission, 25 N.W. 2d 718, 725. A license is a right granted by some competent authority to do an act which, without such license, would be illegal. Beard v. City of Atlanta, 86 S.E. 2d 672, 676; 91 Ga. App. 584. A license confers the right to do that which without the license would be unlawful. Antlers Athletic Ass’n v. Hartung, 274 P. 831, 832; 85 Colo. 125 A license is a mere permit to do something that without it would be unlawful. Littleton v. Burgess, 82 P. 864, 866; 14 Wyo. 173. Generally, a license is a permit to do what, without a license, would not be lawful. Bateman v City of Winter Park, 37 So. 2d 362, 363; 160 Fla. 906. Definition: License: A permission, accorded by a competent authority, conferring the right to do some act which without such authorization would be illegal, or would be a trespass or a tort. Black’s Law Dicti0onary, 2d Ed. P. 723 (1910)
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