Legal Opinion

Brown's License

Superior Court of Pennsylvania

Decided July 21, 1915No. Appeal, No. 95Published

Appeal, No. 95, Oct. T., 1915, by Oliver K. Grimley, from order of Q. S. Montgomery Co., March T., 1915, No. 206, granting a liquor license In the Matter of Petition of Thomas A. Brown for a Retail Liquor License. Petition for a retail liquor license. The fourth clause of the petition was as follows: “Fourth. The premises to be licensed by Thomas A. Brown, the applicant, who resides thereon.”

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Appeal, No. 95, Oct. T., 1915, by Oliver K. Grimley, from order of Q. S. Montgomery Co., March T., 1915, No. 206, granting a liquor license In the Matter of Petition of Thomas A. Brown for a Retail Liquor License. Petition for a retail liquor license. The fourth clause of the petition was as follows: “Fourth. The premises to be licensed by Thomas A. Brown, the applicant, who resides thereon.” After the last day for the filing of the petition Brown presented a petition setting forth that he had been the owner of the property until August 6, 1912, when he executed a deed conveying it to the…

1Opinion of the Court

Opinion by

Kephart, J.,

The petition for. amendment sets forth sufficient facts to move the discretionary power of the court to allow an amendment. The application for license in the matter desired to be amended contains such statement of fact which might be amplified without destroying the effect of the original statement. The amendment introduced *564no entirely new matter but was germane to and a part of the allegation of fact contained in tbe petition. As the petition stood originally, sufficient jurisdictional facts were alleged to sustain it. The question before us does not present the case…

2Cases cited6 opinions

  1. Pennsylvania & New York Railroad & Canal Co. v. BunnellSupreme Court of Pennsylvania · 1871
  2. Forst's LicenseSupreme Court of Pennsylvania · 1904
  3. Forst's LicenseSuperior Court of Pennsylvania · 1903
  4. License of MillerSuperior Court of Pennsylvania · 1900
  5. Cramer's LicenseSuperior Court of Pennsylvania · 1903

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