Commonwealth v. McClure

Supreme Court of Pennsylvania

Commonwealth v. McClure

53 A. 759, 204 Pa. 196, 1902 Pa. LEXIS 627

CourtSupreme Court of Pennsylvania

DecidedNovember 11, 1902

DocketAppeal, No. 84

StatusPublished

This text of 53 A. 759 (Commonwealth v. McClure) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. McClure, 53 A. 759, 204 Pa. 196, 1902 Pa. LEXIS 627 (Pa. 1902).

Pincite

Opinion

Per Curiam,

Relator presented a petition for a mandamus to be. directed to the county treasurer to issue to him a license to sell liquor at retail, etc. The prayer of the petition was refused, and the errors assigned to the refusal appear to be based on the provisions of the mandamus Act of June 8, 1898, P. L. 345, which appellant urges are mandatory on the court to issue the writ, “ if such petition presents the substance of a case for mandamus.”

The petition, however, did not present a case for mandamus, inasmuch as it sets forth the right claimed as based exclusively on petitioner’s compliance with the terms of the Act of April 3, 1872, P. L. 843. The court was entitled to take judicial notice that the granting of licenses is now regulated by the Act of May 13, 1887, P. L. 108, compliance with the requirements of which was not alleged.

Appeal dismissed with costs.

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Per Curiam,

Relator presented a petition for a mandamus to be. directed to the county treasurer to issue to him a license to sell liquor at retail, etc. The prayer of the petition was refused, and the errors assigned to the refusal appear to be based on the provisions of the mandamus Act of June 8, 1898, P. L. 345, which appellant urges are mandatory on the court to issue the writ, “ if such petition presents the substance of a case for mandamus.”

The petition, however, did not present a case for mandamus, inasmuch as it sets forth the right claimed as based exclusively on petitioner’s compliance with the terms of the Act of April 3, 1872, P. L. 843. The court was entitled to take judicial notice that the granting of licenses is now regulated by the Act of May 13, 1887, P. L. 108, compliance with the requirements of which was not alleged.

Appeal dismissed with costs.

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Bluebook (online)

53 A. 759, 204 Pa. 196, 1902 Pa. LEXIS 627, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-mcclure-pa-1902.