George L. Doberneck's Appeal
Superior Court of Pennsylvania
Appeal, No. 12, April T., 1896, by petitioner, from decree of Q. S. Indiana Co., Dec. Sess., 1894,. No. 50, refusing a brewer’s license. Petition for brewer’s license under act of June 9,1891, P. L.. 257. The petition, bond and justification of sureties complied with the terms of the act under rules of court.
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Appeal, No. 12, April T., 1896, by petitioner, from decree of Q. S. Indiana Co., Dec. Sess., 1894,. No. 50, refusing a brewer’s license. Petition for brewer’s license under act of June 9,1891, P. L.. 257. The petition, bond and justification of sureties complied with the terms of the act under rules of court. A remonstrance was filed, supported by affidavits, by the residents of the county, against the granting of the license applied for, and assigned the following reasons: “ (1) Such license is not necessary for the accommodation of the public. “(2) The manufacture and sale of malt brewed…
1Opinion of the Court
DOBERNECK’S LICENSE.
Opinion by
McCarthy, J.,
It is well settled that the discretion vested in the court of •quarter sessions under the act of June 9, 1891, to grant or refuse licenses for the sale of vinous and spiritous, malt or brewed liquors by wholesale, will not justify the arbitrary grant or refusal of such licenses, but that it is a judicial discretion to be exercised for legal reasons and in a judicial manner. How far such discretion, when exercised in reference to cases ■such as the one at bar, is reviewable is clearly stated in the lucid opinion of Mr. Justice Mitchell in the recent…
2Cases cited2 opinions
- Gemas's LicenseSupreme Court of Pennsylvania · 1895
- In re Pollard for LicenseSupreme Court of Pennsylvania · 1889
3Cited by8 opinions
- Donoghue's LicenseSuperior Court of Pennsylvania · 1897
- Commonwealth v. George W. Kerns & Bro.Superior Court of Pennsylvania · 1896
- Knoblauch's LicenseSuperior Court of Pennsylvania · 1905
- Venango County Liquor LicensesSuperior Court of Pennsylvania · 1914
- Pittsburg Brewers' & Bottlers' Supply Company's Mercantile TaxSuperior Court of Pennsylvania · 1909
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