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· 3/3/1911

Kirsch's License

Citations

  • 46 Pa. Super. 332
  • 1911 Pa. Super. LEXIS 275

Syllabus

<p>Liquor laws — Petition—Amendment of petition — Change of premises,</p> <p>1. Where the court has granted a retail liquor license for a business to be conducted in one of three large first floor storerooms in a solid brick building owned by one and the same person, the court has no power to permit an amendment to the petition before the license actually issues, so as to permit the business to be conducted in the storeroom next to that mentioned in the petition, and known by a different street number.</p> <p>2. Where such an order is made ex parte and without any notice as would enable persons having a right to appear and object to it to do so, a resident and qualified elector of the borough in which the premises are situated has a standing to appeal from the order; and in such a case an exception to the order is not a prerequisite to an appeal, inasmuch as a certiorari to a reviewable proceeding in the quarter sessions -brings up the whole record, and therefore, in the absence of a statute requiring it, an exception to the final order is not necessary to bring the order on the record for purposes of review.</p>

Judges: Beaver, Head, Henderson, Morrison, Orladt, Porter, Rice

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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.