Texas Liquor Board v. Redd, Tex.Civ.App., 285 S.W.2d 400; Texas Liquor Control Board v. Tschoerner, Tex.Civ.App., 117 S.W.2d 121. In State v. Farris, Tex.Civ.App., 239 S.W.2d 419, the Waco Court of Civil Appeals said that a conflict in the evidence must be resolved in favor of the evidence which upholds the order of the administrative agency. See also Texas Liquor Control Board v. Jones, Tex.Civ.App., 112 S.W.2d 227; Texas Liquor Control Board v. Floyd, Tex.Civ.App., 117 S.W.2d 530; and Texas Liquor Control Board v. Smalley, Tex.Civ.App., 129 S.W.2d 466.
Conflicts in evidence must be in favor of the evidence as to the of an administrative agency. Texas Liquor Control Board v. Redd, Tex.Civ.App., 285 S.W.2d 400; State v. Farris, 239 S.W.2d 419; Texas Liquor Control Board v. Jones, Tex.Civ.App., 112 S.W.2d 227; Texas Liquor Control Board v. Floyd, Tex.Civ.App., 117 S.W.2d 530. Appellants' five points on appeal are overruled. Appellee's two counterpoints are sustained.
In hearing the application the county judge acts in an administrative and not a judicial capacity. Jones v. Marsh, 148 Tex. 362, 224 S.W.2d 198; State v. Farris, Tex.Civ.App., 239 S.W.2d 419, no writ history. In the event the application is denied Sec. (e) of Art. 667-6 supra provides for an appeal to the district court for a trial de novo. Sec. 14 of Art. 666 supra.
It is true that the record shows conflicting testimony on the fact issues, but under the substantial evidence rule neither the District Court nor this Court may set aside the Board's order merely because the evidence was conflicting, if there is substantial evidence in reasonable support of the order. State v. Farris, Tex.Civ.App., 239 S.W.2d 419. Since the record contains substantial evidence reasonably supporting the Board's order cancelling appellee's license, we must sustain appellant's points on appeal. The judgment of the trial court is reversed and judgment is here rendered affirming the Board's action and cancelling appellee's beer and wine permit.