Legal Opinion

Waugh v. Graham

Nebraska Supreme Court

Decided February 18, 1896No. 7981PublishedCited by 1 opinion

Error from the district court of Lancaster county. Tried below before Holmes, J. The issues appear in the opinion. The application praying for a license at 229 M street did not give the excise board or the court jurisdiction to grant a license to open a saloon at 229 South Thirteenth street. (State v. Weber, 20 Neb., 467; Dexter v. Toim Council, 21 Atl.

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Error from the district court of Lancaster county. Tried below before Holmes, J. The issues appear in the opinion. The application praying for a license at 229 M street did not give the excise board or the court jurisdiction to grant a license to open a saloon at 229 South Thirteenth street. (State v. Weber, 20 Neb., 467; Dexter v. Toim Council, 21 Atl. Rep. [R. I.], 347; Commonwealth v. Bearce, 23 N. E. Rep. [Mass.], 99.) The excise board and the court erred in granting a license upon the petition, for the reason that it does not comply with the rule of the excise board requiring that it…

1Opinion of the CourtHarrison, J.

A. L. Hoover of defendants applied to tbe excise board of tbe city of Lincoln for license to sell liquors, — as was stated in tbe petition of tbe applicant, — “at No. 229 M street, in said city, situated on lot 12, block 66, city.” To tbis application remonstrances were filed, and after a bearing tbe excise board granted a license to A. L. Hoover to sell intoxicating liquors at 229 South Thirteenth street, from wbicb action an appeal was taken to tbe district court of Lancaster county, wbicb court, after a bearing, dismissed tbe appeal. Plaintiffs in error bave presented tbe case to tbis…

2Cases cited5 opinions

  1. State ex rel. Horn v. BonsfieldNebraska Supreme Court · 1888
  2. Lydick v. KornerNebraska Supreme Court · 1882
  3. Powell v. EganNebraska Supreme Court · 1894
  4. State ex rel. Ossenkop v. Commissioners of Cass CountyNebraska Supreme Court · 1882
  5. State v. HughesNebraska Supreme Court · 1893

3Cited by1 opinion

  1. In re Jorgensen for a Liquor LicenseNebraska Supreme Court · 1906

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