McGinley's License

Citations

• 32 Pa. Super. 324
• 1906 Pa. Super. LEXIS 339

Syllabus

<p>Liquor laws — Revocation of license — Petition—Answer—Hearing— Appeals — Certiorari—Residence of petitioners.</p> <p>Where a petition for the revocation of a retail liquor license on the ground of violation of the liquor laws, is met by an answer positively denying all the charges made in the petition, the court cannot under section 7 of the Act of May 13, 1887, P. L. 108, revoke the license without giving the respondent a hearing on the merits.</p> <p>On an appeal from an order of the quarter sessions revoking a liquor license, the writ of certiorari brings up only the record, and the appellate court is only authorized to examine and review the proceedings of the court of quarter sessions, so far as to inquire and determine the extent and limits of its power, and the regularity of its exercise.</p> <p>Where on such an appeal the record shows a petition for revocation, and a responsive answer thereto, but no hearing on the merits, and the opinion filed by the court below shows that the judge acted entirely upon evidence which he had heard in a criminal charge against the defendant for violating the liquor laws, in which the verdict was not guilty, the order of the court below revoking the license will be reversed.</p> <p>The Act of May 13, 1887, P. L. 108, does not limit the number of persons who may institute a proceeding to revoke a license, to’ residents of a ward in which the licensed place is situated.</p> <p>Where a petition for the revocation of a liquor license charges that the illegal sales were made by the respondent, “the holder of said license,” it will be assumed that the sales charged in the petition were made after the date of the license referred to in the petition.</p>