Legal Opinion

Meenan's License

Superior Court of Pennsylvania

Decided November 20, 1899PublishedCited by 4 opinions

Appeal, No. 121, Oct. T., 1899, by Daniel Meenan, from order of Q. S. Phila. Co., refusing petition for retail liquor license. Per Curiam. Application for retail liquor license. Before Wiltbahk and McCabthy, JJ. It appears from the record that a petition was filed February 6,1899. On February 28, 1899, the general order of court filed. April 3,1899, petition heard upon rule to revoke and held under advisement. April 29, 1899, petition refused.

Read the full summary

1Opinion of the Court

Per Curiam,

The argument of the appellant’s counsel is to the effect that, inasmuch as the record shows that the petition was “ heard upon rule to revoke,’ ’ the presumption is that the license was refused for the reason assigned in the petition to revoke, and as that was n ot a legal reason there was an abuse of discretion which will be corrected on appeal. If all the premises be admitted the conclusion follows. As our Brother Smith tersely said in Donoghue’s Appeal, 5 Pa. Superior Ct. 1: “ An abuse of discretion is not a proceeding according to law, but is contrary to law.” But we cannot…

2Cases cited1 opinion

Donoghue's LicenseSuperior Court of Pennsylvania · 1897

3Cited by4 opinions

McCauley v. Imperial Woolen Co.Supreme Court of Pennsylvania · 1918
Free's LicenseSuperior Court of Pennsylvania · 1907
McGinley's LicenseSuperior Court of Pennsylvania · 1906
Brennan's LicenseSuperior Court of Pennsylvania · 1907