Free's License
Superior Court of Pennsylvania
Appeal, No. 19, March T., 1907, by Richard J. Free, from order of Q. S. Clinton Co., Jan. T., 1907, No. 41, refusing a liquor license. Petition for a liquor license. The facts are stated in the opinion of the Superior Court. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Morrison, J.,
This is in form an appeal from the order of the court of quarter sessions refusing an application for a retail liquor license to the appellant. While called an appeal, it is, in reality, a substitute for a certiorari, and brings up nothing but the record. In such a case the appellate court cannot consider the merits, but can only determine whether the license court has proceeded according to law : Branch’s License, Beck’s Appeal, 164 Pa. 427 ; Carlson’s License, 127 Pa. 330.
In Berg’s Appeal, 139 Pa. 354, the Supreme Court said: “ The appeal is a substitute for a…
2Cases cited10 opinions
- In re License to CarlsonSupreme Court of Pennsylvania · 1889
- Gross's LicenseSupreme Court of Pennsylvania · 1894
- Dolan's AppealSupreme Court of Pennsylvania · 1885
- Branch & Power's LicenseSupreme Court of Pennsylvania · 1894
- Netter's LicenseSuperior Court of Pennsylvania · 1899
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3Cited by4 opinions
- Indian Brewing Co.'s LicenseSuperior Court of Pennsylvania · 1909
- Lippincott's LicenseSuperior Court of Pennsylvania · 1910
- Indian Brewing Company's LicenseSuperior Court of Pennsylvania · 1914
- Moore's LicenseSuperior Court of Pennsylvania · 1914