In re Sperring
In re Sperring
Opinion of the Court
Opinion by
The record proper in this case shows, that the following order was made and duly entered by the court below, to wit: “Now, the 27th day of December, 1897, license is refused after due consideration.
“ W. L. Hamilton, A. J.
“ J. Hakris McKinney, A. J.”
It cannot be denied that the associate judges had the power to make this order: Reiber v. Boos, 110 Pa. 594; Leister’s App., 20 W. N. C. 224; Branch’s License, 164 Pa. 427. Nor were they obliged to file any reasons for their decision: Commonwealth v. Kerns and Brother, 2 Pa. Superior Ct. 59 and cases there cited; Cohen’s License, 5 Pa. Superior Ct. 224.
The record as above set forth must be accepted as absolute verity, so long as it remains uncorrected by appropriate proceedings : Rice v. Constein, 89 Pa. 477; Sheip & Co. v. Price,
The order of the court below is affirmed.
Reference
- Full Case Name
- Application of W. F. Sperring, doing business as The Holloway Bottling Co., for a wholesale liquor license
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- License law — Refusal by lay judges — No reason essential. Associate lay judges have the power to make an order refusing a license, and they are not obliged to file any reasons for their decisions. Record imports verity — Not to be impeached by certificate of president judge. The record of the court showed the following order signed by the two associate judges, “Now, the 27th of December, 1897, license is refused after due consideration; ” Held, that the record must be accepted as absolute verity; so long as it remains uncorrected by appropriate proceedings it cannot be contradicted, overthrown or weakened in its effect by the mere certificate of the president judge denying its truth.