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Legal Opinion

McGonnell's License

Supreme Court of Pennsylvania

Decided May 23, 1904No. Appeal, No. 112PublishedCited by 9 opinions

Appeal, No. 112, Jan. T., 1904, by James McGonnell, from decree of Superior Court, Oct. T., 1903, No. 188, reversing decree of Q. S. Potter Co., granting a liquor license in In re Petition for Hotel License by James McGonnell. Appeal from Superior Court. The only question involved in the case is the constitutionality of the Act of April 28, 1899, P. L. 68, repealing the Act of April 11, 1866, P. L. 658, prohibiting the sale of liquors in Potter county.

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Appeal, No. 112, Jan. T., 1904, by James McGonnell, from decree of Superior Court, Oct. T., 1903, No. 188, reversing decree of Q. S. Potter Co., granting a liquor license in In re Petition for Hotel License by James McGonnell. Appeal from Superior Court. The only question involved in the case is the constitutionality of the Act of April 28, 1899, P. L. 68, repealing the Act of April 11, 1866, P. L. 658, prohibiting the sale of liquors in Potter county. Error assigned was the judgment of the Superior Court.

1Opinion of the Court

Opinion bt

Mr. Justice Brown,

By the Act of April 11, 1866, P. L. 658, the sale of vinous, spirituous, malt or brewed liquors was prohibited within the limits of the county of Potter. The Act of April 28, 1899, P. L. 68, repealed this act, its first and second sections being as follows:

“ Be it enacted, etc., That the act of the General Assembly approved the eleventh day of April, Anno Domini one thousand eight hundred and sixty-six, entitled ‘ An act to prohibit the granting of licenses and sale of intoxicating drinks within the county of Potter,’ be and the same is hereby repealed.
“ Provided,…

2Cases cited4 opinions

  1. Commonwealth ex rel. McClain v. LockeSupreme Court of Pennsylvania · 1873
  2. O'Neil v. Am. Fire Ins.Supreme Court of Pennsylvania · 1895
  3. Smith v. McCarthySupreme Court of Pennsylvania · 1867
  4. Commonwealth ex rel. Lyons v. PainterSupreme Court of Pennsylvania · 1849

3Cited by9 opinions

  1. Gima v. Hudson Coal Co.Supreme Court of Pennsylvania · 1933
  2. Paul Gima v. the Hudson Coal Co.Superior Court of Pennsylvania · 1932
  3. Commonwealth v. FalkSuperior Court of Pennsylvania · 1915
  4. Ex parte ModeCourt of Criminal Appeals of Texas · 1915
  5. Commonwealth Ex Rel. v. WoodringSupreme Court of Pennsylvania · 1927

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