In re Lauck

Citations

• 2 Pa. Super. 53
• 1896 Pa. Super. LEXIS 11

Syllabus

<p>Liquor law — Refusal of distiller's license — Legal reason.</p> <p>It is within the discretion of the quarter sessions to refuse a distiller’s license because the court is not satisfied that the place can be and will be operated as a distillery. Such reason so assigned is a legal reason justifying the discretion of the court below and will not be reviewed by the appellate court. The question whether the appellate court would have reached the same conclusion as the court below is not pertinent.</p> <p>Liquor law — Refusal of license — Discretion of court.</p> <p>The decision as to whether a license shall be granted, including the decision of questions of fact, is vested in the court of quarter sessions and not in the Superior Court.</p> <p>Liquor law — Judicial discretion — Jurisdiction in Superior Gourt.</p> <p>It is not intended by the law that there should be an appeal from the discretion of the quarter sessions to the discretion of the appellate court.</p> <p>Practice, Superior Gourt — Error—Rehearing—Review.</p> <p>An application for a rehearing is like a motion for a new trial and refusal thereof is not reviewable upon appeal.</p>