Schlaudecker v. Marshall
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Erie eounty: of .October and November Term 1872, No. 114. The writ of error in this case was to the judgment of the court below refusing to award a mandamus to compel James C. Marshall and others composing the Board of Licensers of the city of Erie to issue a license to Frank Schlaudecker to keep an eating-house in that city.
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Error to the Court of Common Pleas of Erie eounty: of .October and November Term 1872, No. 114. The writ of error in this case was to the judgment of the court below refusing to award a mandamus to compel James C. Marshall and others composing the Board of Licensers of the city of Erie to issue a license to Frank Schlaudecker to keep an eating-house in that city. By the Act of May 10th 1871, the Court of Quarter Sessions of Erie county was required at February term of every year to appoint a board of licensers, with the same authority to grant licenses as the Court of Quarter Sessions had.…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
— In the court below this case was a rule for a mandamus to compel the board of licensers of the city of Erie to grant a license to the plaintiff in error to keep an eating-house.
The rule was discharged, and hence this writ of error. The real question in the case is upon the nature and extent of the discretion to be exercised by the board of licensers in granting or refusing licenses for eating-houses. It arises under the Act of 10th May 1871, P. L. 728, giving to thé board “the same power and authority to grant licenses in the said city of…
2Cited by39 opinions
- Spankard's Liquor License CaseSuperior Court of Pennsylvania · 1939
- Dauphin County Grand Jury Investigation ProceedingsSupreme Court of Pennsylvania · 1938
- Melnick v. MelnickSuperior Court of Pennsylvania · 1941
- Commonwealth v. FranklinSuperior Court of Pennsylvania · 1952
- Petition of RaudenbuschSupreme Court of Pennsylvania · 1888
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