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Home > History and Archaeology > History > Weekly Notes of Cases Argued and Determined in the Supreme Court of Pennsylvania, the County Courts of Philadelphia, and the United States District and Circuit Courts for the Eastern District of Pennsylvania Volume 35
Weekly Notes of Cases Argued and Determined in the Supreme Court of Pennsylvania, the County Courts of Philadelphia, and the United States District and Circuit Courts for the Eastern District of Pennsylvania Volume 35

Weekly Notes of Cases Argued and Determined in the Supreme Court of Pennsylvania, the County Courts of Philadelphia, and the United States District and Circuit Courts for the Eastern District of Pennsylvania Volume 35


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895 Excerpt: ... cases in which our license legislation has been considered there is a concurrence of opinion that the discretion which the Court of Quarter Sessions has in passing upon applications for license is judicial in its nature' and should be exercised with due regard to the petitions and evidence in each case. An arbitrary refusal to so exercise it frustrates the legislative purpose and disregards the plain duty laid upon the Courf by the law-makers. A decree founded on such refusal ought therefore to be set aside. Is the order complained of condemned by the law as we have stated it? The application for the license was in due form; it was supported by the petition of eighty-five representative citizens of the district certifying to the necessity of the house and the fitness of the applicant; there was no opposition to the grant of it and the proofs were altogether in favor of it. The Court was without knowledge or the means of knowledge other than that afforded by the petitions filed, and it said: "If this was an application for a wholesale house we would feel bound in view of Johnson's License, 156 Pa. 322, to grant it." It seems the Court thought its discretion in relation to the grant of a wholesale license was not the same as in an application for a retail license. In other words it was of the opinion that the latter might be arbitrarily refused while the former could not be. We think there is no warrant in the law for such a distinction as this. If it once existed it was removed by the Act of June 9,1891, P. L. 257. It follows from these views that the decision of this Court in Johnson's License, supra, is applicable to the case at bar, and that upon the admitted facts the license should have been granted. Order refusing a license reversed and proc...


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Product Details
  • ISBN-13: 9781130498578
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 556
  • Spine Width: 29 mm
  • Width: 189 mm
  • ISBN-10: 1130498573
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 980 gr

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Weekly Notes of Cases Argued and Determined in the Supreme Court of Pennsylvania, the County Courts of Philadelphia, and the United States District and Circuit Courts for the Eastern District of Pennsylvania Volume 35
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