Branch & Power's License
Supreme Court of Pennsylvania
Appeal, No. 291, Oct. T., 1894, from order of Q. S. Forest Co., May T., 1894, No. 2, granting retail liquor license. Petition for retail liquor license. Before Noyes, P. J. From the record it appeared that the order granting the license was signed by the two associate judges. The president judge noted his dissent upon the record.
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Appeal, No. 291, Oct. T., 1894, from order of Q. S. Forest Co., May T., 1894, No. 2, granting retail liquor license. Petition for retail liquor license. Before Noyes, P. J. From the record it appeared that the order granting the license was signed by the two associate judges. The president judge noted his dissent upon the record. The record conformed to the act of 1887 in the application, etc., and also showed that the bond first filed had not been approved, and that a second bond, filed on the day the license was granted, had been accepted. jErrors assigned were (1-3) order granting license;…
1Opinion of the Court
Opinion by
Mb. Justice Green,
In this case a majority of the judges of the court below granted the license in question, and their action must be considered as the action of the court. The president judge dissented from the decision of the associates, as was his undoubted right, but that circumstance does not affect the validity of their action nor its binding effect. There is nothing before us but the record and that is in strict conformity with the statutory requirements.
In Carlson’s License, 127 Pa. 330, we held that “ neither the testimony nor the opinion of the court form anjr part of ” the…
2Cases cited3 opinions
- In re License to CarlsonSupreme Court of Pennsylvania · 1889
- In re BergSupreme Court of Pennsylvania · 1891
- In re CollarnSupreme Court of Pennsylvania · 1890
3Cited by10 opinions
- Kensington Club Liquor License CaseSuperior Court of Pennsylvania · 1948
- Murray's PetitionSupreme Court of Pennsylvania · 1918
- Huntingdon County LineSuperior Court of Pennsylvania · 1898
- In re SperringSuperior Court of Pennsylvania · 1898
- English's LicenseSuperior Court of Pennsylvania · 1915
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