Donovan's License

Citations

• 9 Pa. Super. 647
• 1899 Pa. Super. LEXIS 92

Syllabus

<p>Liquor law — Appellate review of discretion measured by record.</p> <p>The law has furnished no mode by which evidence given on the hearing of a liquor license application, in support, in denial, in rebuttal of an allegation of fact contained in a remonstrance can be brought on the record. An opinion in a license case is not equivalent to nor is it to be given the effect of a case stated or a special verdict where facts not stated are presumed not to exist. The record being free from irregulai'ity the appellate court will not go outside of it in search of reasons for holding that the court committed error in granting a license.</p> <p>Liquor license — Effect of covenant against sale of liquor running with the land.</p> <p>A remonstrance to granting a license being founded upon the construction of a covenant in licensee’s deed, running with the land, prohibiting sale of liquor on the premises and the court below having granted the license the discretion of the court in so doing will not be reviewed. The question whether the license court may not under any circumstances refuse a license on such grounds is not passed on nor is the effect of this particular covenant construed. There might have been other facts which would have made it in equitable for the license court to enforce the covenant or condition specifically.</p>