Dunbar v. Board of Excise of Elizabeth

The opinion of the court was delivered by

Swayze, J.

The prosecutor seeks to set aside a malt liquor license granted by the board of excise to James Eocarile. The first reason alleged is that a license to keep an inn or tavern at the same place was refused within the preceding year to Michael Eocarile. This objection cannot prevail. Section 36 of the Inns and Taverns act (Gen. Stat., p. 1793, pl. 35) is expressly limited to the very kind of license that is refused. *31Cramer v. Sooy, 38 Vroom 107. In the present case the character of the license is entirely different from, the one that was refused…