McCabe's License

Citations

• 11 Pa. Super. 560
• 1899 Pa. Super. LEXIS 170

Syllabus

<p>Liquor law — Standing of owner as remonstrant and appellant — Practice, Q. S.</p> <p>The owner of the premises, occupied by a tenant in enjoyment of a retail liquor license, who appeared as a remonstrant on a petition for transfer of the license, has a sufficient interest in the proceeding to appeal from an order directing the transfer.</p> <p>Liquor law — Transfer of license — Jurisdiction, Superior Court — Appeal..</p> <p>The revisionary jurisdiction of the Superior Court upon appeal from an order transferring a retail liquor license is confined to the inquiry, whether the license court has kept within the limits of its jurisdiction and proceeded with regularity according to law; and in the determination of the question the appellate court cannot have the aid of the evidence given on the hearing nor review the decision of the court below on any question of fact; the only question before it is whether the facts averred in the petition were sufficient to give the court jurisdiction.</p> <p>Transfer of license — Act of 1897 — Partial destruction of premises.</p> <p>Under the Act of July 15, 1897, P. L. 297, authorizing transfers of license from place to place for “ partial or complete destruction,” the meaning of the words of the statute is found not so much in a strictly grammatical or etymological propriety of language as in the subject or the occasion on which they are used ; and the word ‘ ‘ destroy ” may mean to render useless for the purpose intended.</p> <p>Where a petition therefore alleges a partial destruction of premises, in that the cellar is full of water and unfit for occupancy for the purpose of the license, the question of fact rests with the court below.</p>