Johnston's License
Johnston's License
Opinion of the Court
Opinion by
It appears by the order from which this appeal was taken that after rule, answer and hearing in open court, the court adjudged that the appellant had violated the laws of. the commonwealth in relation to the sale of intoxicating liquors, by negligently permitting the selling and furnishing of such liquors to minors as charged in the petition upon which the rule was granted. Reading this recital of the facts and proceedings in connection with the averments of the petition, which are made part of the recital by reference, it is apparent that the order was based upon proof and a finding of facts, which, if the proceeding was properly instituted, warranted, indeed required, the revocation of the license: Section 8, Act of May 13, 1887, P. L. 108; Carlson’s License, 127 Pa. 330; Campbell’s License, 8 Pa. Superior Ct. 524; Arnold’s License, 30 Pa. Superior Ct. 93. This is not seriously questioned by the appellant’s counsel. He contends for but one proposition, and that is, that sufficient jurisdictional facts were not set forth in the petition to warrant the court in hearing any testimony as to the sale of liquors to minors. This proposition cannot be sustained. The statute does not prescribe that the only mode
' The order is affirmed.
Reference
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Liquor law — Revocation of license — Selling to minors — Petition. The allegation in a petition for the revocation of a retail liquor license that the respondent “grossly violated the laws of the commonwealth by selling yinous, spirituous, malt and brewed liquors to the following girls, all minors,” naming them, charges in sufficiently explicit» and precise terms a violation of sec. 17 of the Act of May 13, 1887, P. L. 108, which makes it unlawful to furnish by sale, gift or otherwise any spirituous, vinous, malt or brewed liquors to a minor. This section was not repealed, nor was the burden of proving that the respondent knew, or was negligent in not ascertaining, that the persons to whom he sold or furnished liquors were minors cast upon the petitioner of the Act of May 25, 1897, P. L. 93.