Hainer v. Burton
Hainer v. Burton
Opinion of the Court
The opinion of the court was delivered by
The plaintiff in error made application to the probate judge for a druggist’s permit to sell intoxicating liquors. Upon a hearing the probate judge granted the license. From that judgment J. T. Burton and Thomas B. Godsey appealed to the district court, where the ruling of the probate judge was reversed, and the probate judge was ordered to cancel and revoke the permit, which was done. From the judgment of the district court the plaintiff in error comes to this court.
It is objected that this court has no appellate juris-' diction in such a proceeding. The statute controlling this question is section 2452 of the General Statutes of 1901, which in part provides: .
“If the district court shall find that the probate judge has abused his discretion it shall have power to cause the probate judge to comply with its judgment, otherwise the order of the probate judge shall be by the district court affirmed. No appeal shall be allowed from the order of the district court.”
The word “appeal” was used in this statute in its broad sense, and includes writs of error.
The proceeding is therefore dismissed.
Reference
- Full Case Name
- D. W. Hainer v. J. T. Burton
- Status
- Published
- Syllabus
- SYLLABUS BY THE COURT. Intoxicating Liquors — Application for a Druggist’s Permit— District Court’s Judgment Not Beviewable. This court has no jurisdiction, either by appeal or proceedings in error, to review the judgment of the district court on an application to obtain a druggist’s permit to sell intoxicating liquors.