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Reports of Cases Decided in the Supreme Court of the State of Indiana (Volume 168)

Reports of Cases Decided in the Supreme Court of the State of Indiana (Volume 168)


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Cain v. Allen168 Ind. 8. thereto, must be accorded the right to a hearing upon all of the questions necessarily arising in the proceeding instituted by his application. The action of the board in assuming jurisdiction over the remonstrance herein, 11. as shown, and in making the order thereon, was wholly unwarranted by law. Consequently, as it had no jurisdiction over the matter, the proceedings had upon the remonstrance in question, and the order made therein, were a mere nullity. The law is well settled that in this State boards of commissioners are invested only with statutory powers, and they have no power to act except as is expressly or impliedly conferred upon them by statute. Gavin v. Board, etc. (1885), 104 Ind. 201; Hoop v. Affleck, supra. It is certainly evident that the section as amended contains no provision upon which the power of the board of commissioners to assume jurisdiction over the remonstrance in question, as it did, can be predicated, and counsel for appellees have been unable to cite us to any statute which either expressly or impliedly authorized the board to take action and consider the remonstrance in controversy before its jurisdiction in the premises was invoked in a proceeding on an application for a license to retail intoxicating liquors. It is manifest that the construction which we give 12. the provision of the act in controversy avoids bringing it in conflict with either the state or federal Constiution, for, under the law as herein construed, an applicant for a license under the statute of 1875 is given his day in court, as the law intends, to controvert and show, if he can, that the remonstrance in question is not signed by a majority of the legal voters of the particular district. Or, in other words, the right to show that t...


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Product Details
  • ISBN-13: 9780217985291
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 298
  • Spine Width: 16 mm
  • Width: 189 mm
  • ISBN-10: 0217985297
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 535 gr


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