Sweeney's License
Superior Court of Pennsylvania
Appeal, No. 119, Oct. T., 1899, by Edward Sweeney, from order of Q. S. Phila. Co., refusing petition for bottler’s license. Per Curiam. Application of Edward Sweeney for wholesale bottler’s license. Before Wiltsawk and McCabthy, JJ. It appears from the record that a petition was filed January 28,1899. February 28, order of court filed. March 24, remonstrance filed. March 28, petition and remonstrance heard •and held under advisement. April 29, petition refused.
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Appeal, No. 119, Oct. T., 1899, by Edward Sweeney, from order of Q. S. Phila. Co., refusing petition for bottler’s license. Per Curiam. Application of Edward Sweeney for wholesale bottler’s license. Before Wiltsawk and McCabthy, JJ. It appears from the record that a petition was filed January 28,1899. February 28, order of court filed. March 24, remonstrance filed. March 28, petition and remonstrance heard •and held under advisement. April 29, petition refused. May 3, petition for rehearing filed. May 6, petition dismissed. May 27, petition of Edward Sweeney, affidavits, etc., filed. May 30,…
1Opinion of the Court
Per Curiam,
It is argued that the presumption is that the license was refused exclusively for the reason specified in the remonstrance, (which, it is contended, was not a legal reason under our ruling in Babb’s License, 2 Pa. Superior Ct. 38), because, if that was not the case, the court would not have entertained the second petition for a rehearing. This is mere surmise, not a necessary inference from the latter action of the court. The court simply set the petition down for a hearing and after hearing dismissed it. This may have been because the proof adduced on the hearing was…
2Cases cited2 opinions
- Commonwealth v. George W. Kerns & Bro.Superior Court of Pennsylvania · 1896
- Babb v. TaylorSuperior Court of Pennsylvania · 1896
3Cited by2 opinions
- Edmonson's LicenseSuperior Court of Pennsylvania · 1914
- Indian Brewing Company's LicenseSuperior Court of Pennsylvania · 1914