Legal Opinion

McTaggart's Bottler's License

Superior Court of Pennsylvania

Decided February 25, 1907No. Appeal, No. 183PublishedCited by 1 opinion

Appeal, No. 183, Oct. T., 1906, by George McTaggart, from order of Q. S. March T., 1905, No. 504, revoking a bottler’s license. Rule to revoke bottler’s license. Sulzberger, P. J., filed the following opinion: This is a rule to revoke McTaggart’s license as a bottler on the ground that he has bottled and sold whiskey, and that such selling is not authorized by law.

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Appeal, No. 183, Oct. T., 1906, by George McTaggart, from order of Q. S. March T., 1905, No. 504, revoking a bottler’s license. Rule to revoke bottler’s license. Sulzberger, P. J., filed the following opinion: This is a rule to revoke McTaggart’s license as a bottler on the ground that he has bottled and sold whiskey, and that such selling is not authorized by law. Having paid his license fee of $500 under the Act of July 30, 1897, P. L. 464, he contends that he has acquired the right of bottling liquors of all kinds and selling the same provided that he does not sell less than a quart. If…

1Opinion of the Court

Opinion by

Rice, P. J.,

Neither the act of 1887, nor the act of 1891, nor the act of 1897 defines affirmatively the privileges which a bottler’s license confers. But the differentiation as'to the fee between that and a wholesale license would, of itself, plainly indicate a substantial difference as to privileges, and we think a more substantial difference than that contended for J)y the appellant’s counsel. In cities of the first and second class the fee is only one-half that for a wholesale license whilst in borough and townships it is considerably larger than the wholesale license fee. From…

2Cases cited2 opinions

  1. Commonwealth v. ReyburgSupreme Court of Pennsylvania · 1889
  2. Stambaugh's LicenseSuperior Court of Pennsylvania · 1906

3Cited by1 opinion

  1. Barrow v. City of BessemerAlabama Court of Appeals · 1931

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