Lippincott's License

Citations

• 44 Pa. Super. 459
• 1910 Pa. Super. LEXIS 196

Syllabus

<p>Liquor laws — Distiller’s license — Refusal of license — Review—Appeals —Record.</p> <p>1. The action of the court of quarter sessions in refusing a distiller’s license will not be reversed by the Superior Court where the record and decree of the lower court shows that petitions for and remonstrances against the license were filed, that oral testimony was offered in open court both for and against the application, that the matter was argued upon by co.unsel, and that the court after due consideration, refused the license.</p> <p>2. While the court’s discretion is not as broad in an application for a distiller’s license as for one at retail, because the reasons which may influence the discretion of the court are fewer in the former than in the latter case, nevertheless the same general principle applies that where a license has been refused after a hearing, the presumption is that the refusal was for a legal reason, unless the contrary affirmatively appear.</p> <p>3. On an appeal from an order refusing a liquor license, the appellate court cannot consider the case on the merits, inasmuch as the appeal does not bring up the evidence.</p>