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· 10/30/1916

Dietrich's License

Citations

  • 65 Pa. Super. 1
  • 1916 Pa. Super. LEXIS 1

Syllabus

<p>Liquor law — Retail license — Action of lay judges — Record.</p> <p>The appellate court cannot review the action of two lay judges in overruling the finding of the president judge and granting a retail liquor license; and this is the case although the lay judges gave no reason for their action, and the finding of the president judge is that the applicant was guilty of violations of the liquor law. The testimony cannot be reviewed by the appellate court.</p> <p>In such a case whether the lay judges disregarded the “overwhelming testimony” whether they gave the proper weight to the testimony, or whether they were properly moved by the testimony or by improper motives, cannot be reviewed by the appellate court. As long as they gave no reasons for their decision they will be presumed not to have abused their judicial discretion.</p>

Judges: Head, Henderson, Kephart, Orlady, Porter, Trexler, Williams

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.