Toole's Appeal
Supreme Court of Pennsylvania
Certiorari to the Court of Quarter Sessions of Huntingdon county : Of May Term 1879, No. 187. Eelix Toole petitioned the court for a license to keep a tavern or inn, and filed his bond and recommendations, and fully complied with all the requirements of the Act of April 12th 1875, Purd. Dig. 2027, and the rules of court. Twenty citizens signed the recommendation attached to his petition. There was. no remonstrance or objection of any kind to the granting of the license.
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Certiorari to the Court of Quarter Sessions of Huntingdon county : Of May Term 1879, No. 187. Eelix Toole petitioned the court for a license to keep a tavern or inn, and filed his bond and recommendations, and fully complied with all the requirements of the Act of April 12th 1875, Purd. Dig. 2027, and the rules of court. Twenty citizens signed the recommendation attached to his petition. There was. no remonstrance or objection of any kind to the granting of the license. The court, however, refused the license, and when asked to state their reasons, declined to do so. Toole then took this…
1Opinion of the Court
The judgment of the Supreme Court was entered,
2Per curiam
_ _ . Thi's was an application in the court below for a tavern license. The Act of Assembly gives no appeal in such a case. .'The grant o’r- refusal’ of a license is entirely within the discretion of the court. On the face of the record, we see no evidence-of the’abuse of the discretion. What testimony may have been before the court, does not appear, and we are certainly not to presume that the refusal of the license was arbitrary and without some good reason.
Order approved.
3Cited by6 opinions
- McCauley v. Imperial Woolen Co.Supreme Court of Pennsylvania · 1918
- Petition of RaudenbuschSupreme Court of Pennsylvania · 1888
- Donoghue's LicenseSuperior Court of Pennsylvania · 1897
- Commonwealth v. George W. Kerns & Bro.Superior Court of Pennsylvania · 1896
- Cochran's LicenseSuperior Court of Pennsylvania · 1911
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