Windber Brewing Co. No. 2's License
Superior Court of Pennsylvania
Appeal, No. 209, April T., 1913, by Windber Brewing Company, No. 2, from order of Q. S. 16th. Judicial Dist., Somerset Co., No. 70, License List, Feb. Sessions, No. 1,913, refusing liquor license In re Application of the Windber Brewing Company No. 2. In re application for liquor license.
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Appeal, No. 209, April T., 1913, by Windber Brewing Company, No. 2, from order of Q. S. 16th. Judicial Dist., Somerset Co., No. 70, License List, Feb. Sessions, No. 1,913, refusing liquor license In re Application of the Windber Brewing Company No. 2. In re application for liquor license. Ruppel, P. J., filed the following opinion: Last year this applicant was refused a license for the reason that for some months prior to the hearing, the brewery had been violating the law by its shipments and deliveries in Somerset borough and possibly at other points. After the refusal of the license,…
1Opinion of the Court
Opinion by
Rice, P. J.,
This is an appeal from an order of the quarter sessions refusing the appellant’s, application for a brewer’s license. Our revisory jurisdiction in such cases does not extend to a review of the evidence given on the hearing. The determination of pure questions of fact rests exclusively in the court of quarter sessions, and from its decision thereof there is no appeal. The discretion vested in that court is a judicial discretion, to be exercised for legal reasons and in a judicial manner. When so exercised it is not réviewable. “The phrase ‘abuse of dis*291cretion/ as applied…
2Cases cited7 opinions
- Dannemiller v. KirkpatrickSupreme Court of Pennsylvania · 1902
- Gemas's LicenseSupreme Court of Pennsylvania · 1895
- Commonwealth v. ShafferSuperior Court of Pennsylvania · 1913
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3Cited by8 opinions
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- Dietrich's LicenseSuperior Court of Pennsylvania · 1916
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