Legal Opinion

In re Pepper

New York Court of General Session of the Peace

Decided June 25, 1947PublishedCited by 7 opinions

1Opinion of the Court

Carey, J.,

delivering the opinion of the Court:

We shall refrain from deciding the constitutional question raised by the motion to dismiss. Courts ordinarily do not consider constitutional matters unless a decision can be reached on no other ground. Cantor vs. Sachs, 18 Del. Ch. 359, 162 A. 73.

*570We therefore turn to the applicant’s second contention, namely, that the appeal must be dismissed.because it is signed by only four of the protestants, whereas, he says, at least ten, or perhaps all, are required to join in order to pérféct ah appeal. ' The Act itself is not so clear on this point as…

2Cases cited2 opinions

  1. Cantor v. SachsCourt of Chancery of Delaware · 1932
  2. State ex rel. More v. District CourtMontana Supreme Court · 1914

3Cited by7 opinions

  1. Ahner v. Delaware Alcoholic Beverage Control CommissionSupreme Court of Delaware · 1967
  2. Applications of X-Chequer Inn, Inc.Superior Court of Delaware · 1967
  3. Alfred I. duPont School District v. Delaware Alcoholic Beverage Control CommissionSupreme Court of Delaware · 1975
  4. Bicow v. Delaware Alcoholic Beverage Control CommissionSuperior Court of Delaware · 1972
  5. Alfred I. Dupont Sch. Dist. v. DELAWARE ALC. BC COM'NSupreme Court of Delaware · 1975

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