Legal Opinion

Appeal of Brown

Superior Court of Pennsylvania

Decided July 16, 1896No. Appeal No. 13PublishedCited by 2 opinions

Appeal No. 13, Jan. T., 1897, by J. J. Brown et al., remonstrants, from decree of Q. S. Columbia Co., Feb. Sess., 1896, No. 25, granting a restaurant license. Application of J. R. Fowler for a restaurant license in the town of Bloomsburg in the Bloomsburg Opera House owned by petitioner and another. The petition and bond were in due form. Remonstrance was filed by J. J. Brown and others, setting forth: First.

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Appeal No. 13, Jan. T., 1897, by J. J. Brown et al., remonstrants, from decree of Q. S. Columbia Co., Feb. Sess., 1896, No. 25, granting a restaurant license. Application of J. R. Fowler for a restaurant license in the town of Bloomsburg in the Bloomsburg Opera House owned by petitioner and another. The petition and bond were in due form. Remonstrance was filed by J. J. Brown and others, setting forth: First. The restaurants already licensed are sufficient in number to accommodate the public. Second. The license prayed for is for a restaurant to be located under the opera house, where…

1Opinion of the Court

Per Curiam,

An appeal from an order of the court of quarter sessions granting a liquor license is a substitute for a certiorari, and brings up nothing but the record. The evidence is not part of the record, and for that reason we cannot review the action of the court upon its merits. This is not a mere technical rule of pleading or procedure. It never was intended that there should be an appeal from the discretion of the court of quarter sessions, to the discretion of the Supreme Court, or of this court. All that the appellate court can do is to see that the license court has kept within the…

2Cases cited2 opinions

  1. Gross's LicenseSupreme Court of Pennsylvania · 1894
  2. Reed's AppealSupreme Court of Pennsylvania · 1886

3Cited by2 opinions

  1. Donoghue's LicenseSuperior Court of Pennsylvania · 1897
  2. Indian Brewing Company's LicenseSuperior Court of Pennsylvania · 1914

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