Knoblauch's License

Citations

• 28 Pa. Super. 323
• 1905 Pa. Super. LEXIS 193

Syllabus

<p>IAguor laws — Appeals—Wrongful exercise of discretion.</p> <p>Where the record of an application for a liquor license plainly shows that the court of quarter sessions has not proceeded according to law, but has refused a license for a reason which the law does not recognize as valid, its action stands on no legal basis and it is the duty of the appellate court to correct it.</p> <p>IAguor law — License—Hotel accommodations — Statutes—Repeal.</p> <p>The general liquor law of May 13, 1887, P. L. 108, repeals section 9 of the Act of March 31, 1856, P. L. 200, which requires that a hotel be licensed, shall have for the “exclusive use of travelers at least four bedrooms and eight beds.” Even if the ninth section of the act of 1856, were still in force, the omission to aver in the petition that the applicant has the accommodations therein referred to would not be a fatal defect.</p> <p>A subsequent affirmative statute is a repeal by implication of a former one made concerning the same matter if it introduces a new rule upon the subject, and be evidently intended as a substitute for the’ former law, although it contains no expressed words repealing it.</p>