Kauffman's License
Kauffman's License
Opinion of the Court
Opinion by
This is an appeal from the judgment of the Court of Quarter Sessions revoking a license to sell liquor at wholesale. The order of the court is in the following words: “And now, October 12, 1916, Rule absolute and the license is revoked.” It is not only a legal presumption but an admitted fact that the appellant was accorded a regular hearing on the rule to revoke and that through the evidence of witnesses and the arguments of counsel his case was fully presented to the court. The proceeding followed the practice prevailing under the statute and no defect or irregularity is pointed out in the record. Strictly speaking the questions cognizable by this court in a proceeding of this character are to be determined by the record brought up in connection with the presumption which is applied to the judgments of courts of record and neither the testimony nor the opinion of the court below forms part of the record: Dolan’s App., 108 Pa. 564; Carlson’s License, 127 Pa. 330; Nolan’s License, 47 Pa. Superior Ct. 551. Later cases have held that the opinion of the Court of Quarter Sessions setting forth with its order the reasons which led to the judgment is a part of the record and on appeal will be considered for the purpose of determining whether the action taken was based on legal grounds: Mead’s License, 161 Pa. 375; Venango County Liquor License, 58 Pa. Superior Ct. 277, and inasmuch as the judges of the Court of Quarter Sessions filed an opinion giving reasons for the order appealed from the learned counsel for the appellant base their argument on the alleged insufficiency of the reasons so given. These reasons were (a) that the appellant distributed beer, wine and whiskey in the Borough of West Berwick in the Township of Brier Creek in quantities to
The order of the Court of Quarter Sessions is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.