License of Miller
Superior Court of Pennsylvania
Appeal, No. 35, March T., 1900, by Levi A. Miller, from order- of Q. S. York Co., refusing application for a hotel license for the Commonwealth hotel in the city of York, Pa. Per Curiam. Petition for hotel license. Before the court in banc. It appears from the record that the petition for the license failed to disclose the names of the owners of the hotel.
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Appeal, No. 35, March T., 1900, by Levi A. Miller, from order- of Q. S. York Co., refusing application for a hotel license for the Commonwealth hotel in the city of York, Pa. Per Curiam. Petition for hotel license. Before the court in banc. It appears from the record that the petition for the license failed to disclose the names of the owners of the hotel. Subsequently a motion was filed by petitioner to amend his petition for a license, inserting in the petition the names of Louisa Buser and Martha J. Martin as owners of the hotel. The court denied the motion to amend and quashed the…
1Opinion of the Court
Per Ctjriam,
The omission to name the owner of the premises in a petition for a liquor license is a material defect. The legislature has made it an essential and the court has no authority to treat it as nonessential. Whether or not the court has discretionary power in exceptional cases to permit the petition to be amended on the hearing by inserting the name of the owner, it is clearly not a right that the petitioner can claim as a matter of course. Therefore the refusal to permit the amendment is not reversible error unless a plain abuse of discretion is made to appear. In the present case…
2Cited by4 opinions
- Cramer's LicenseSuperior Court of Pennsylvania · 1903
- Matthew's LicenseSuperior Court of Pennsylvania · 1905
- Oberfell's LicenseSuperior Court of Pennsylvania · 1905
- Brown's LicenseSuperior Court of Pennsylvania · 1915