King's Application

Citations

• 1 Monag. 145
• 16 A. 487
• 1888 Pa. LEXIS 761

Syllabus

<p>A petition to the supreme court for an alternative mandamus, to show ■cause why the judges of the court of quarter sessions in a certain county should not grant a license to sell liqtiors by retail, under the Act of May 13,1887, averred that the petitioner had complied with all the requirements of the Act; that apetition in favor of the application had been presented to the court, signed by 595 residents of the borough in which the application was made, averring that the house and the license were necessary for the accommodation of the public and the entertainment ■of strangers and travelers; that a remonstrance had been presented, signed by 843 citizens of the borough, alleging that the license to sell liquors at the place named in the application was not necessary; that the petitioner offered to give bond and was ready to pay the fees required by the Act; but the court refused to grant the license applied for, on the ground that, by reference to the petitions and remonstrances, it appeared that there was a preponderance of popular opinion against the granting of any license and that therefore all licenses in the county were refused. The petition further averred that the court did not consider the necessity of the license in this case, and that, by not so doing, the discretion, vested in the court by the law, had not been exercised; and prayed for an alternative mandamus, to show cause, and afterward a peremptory mandamus to compel the court to decide the application in accordance with the law. Writ refused.</p>