Gemas's License
Supreme Court of Pennsylvania
Appeal, No. 46, July T., 1895, by Mark Gemas, from, order of Q. S.Fayette Co., March T., 1895, No. 132, refusing a distiller’s license. Petition for distiller’s license under act of June 9, 1891. The petition, bond and justification of sureties complied with the terms of the act and the rules of court, and no remonstrances were filed against the application.
Read the full summary
Appeal, No. 46, July T., 1895, by Mark Gemas, from, order of Q. S.Fayette Co., March T., 1895, No. 132, refusing a distiller’s license. Petition for distiller’s license under act of June 9, 1891. The petition, bond and justification of sureties complied with the terms of the act and the rules of court, and no remonstrances were filed against the application. The court indorsed upon the petition the following order : “ Now the 5th day of April, 1895, license is refused as unnecessary for the accommodation of the public.” Error assigned was above order, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
By the act of June 9,1891, P. L, 257, the granting of licenses to wholesale dealers, brewers, distillers, etc. of spirituous, vinous or malt liquors, is assimilated to a certain extent to licensing of retailers, and is put within the discretion of the court of quarter sessions. This discretion, as we have frequently said is a judicial discretion, to be exercised for legal reasons and in a judicial manner. When so exercised it is not reviewable. It has been held accordingly that the applicant is entitled to a hearing, and a decision based on the evidence:…
2Cases cited5 opinions
- Gross's LicenseSupreme Court of Pennsylvania · 1894
- In re Pollard for LicenseSupreme Court of Pennsylvania · 1889
- Johnson's LicenseSupreme Court of Pennsylvania · 1893
- Mead's LicenseSupreme Court of Pennsylvania · 1894
- American Brewing Company's LicenseSupreme Court of Pennsylvania · 1894
3Cited by25 opinions
- Fuel City Mfg. Co. v. Waynesburg Products Corp.Supreme Court of Pennsylvania · 1920
- Commonwealth ex rel. Century Co. v. City of PhiladelphiaSupreme Court of Pennsylvania · 1896
- Commonwealth Ex Rel. Margiotti v. CunninghamSupreme Court of Pennsylvania · 1939
- Commonwealth v. ShafferSuperior Court of Pennsylvania · 1913
- Liverpool & London & Globe Ins. v. ClunieU.S. Circuit Court for the District of Northern California · 1898
20 more not listed; retrieve them via the Exa API.