Smith v. Reister

Indiana Supreme Court

Smith v. Reister

45 N.E. 699, 146 Ind. 527, 1897 Ind. LEXIS 143

Indiana Supreme Court·Decided January 7, 1897·No. No. 18,078·Published

Opinion

Howard, J.

The appellee made application at the March term, 1896, of the board of commissioners of Posey county for license to sell intoxicating liquors. The appellants filed a remonstrance against the granting of the license, and the license was refused. On appeal to the circuit court a motion to dismiss the remonstrance was sustained, and this ruling is the only error complained of. The motion to dismiss, however, is not made a part of the record by bill of exceptions or order of court, and cannot therefore be considered. Crumley v. Hickman, 92 Ind. 388; Yost v. Conroy, 92 Ind. 464, 47 Am. Rep. 156; Washington Ice Co. v. Lay, 103 Ind. 48; Board, etc., v. Montgomery, 109 Ind. 69.

Judgment affirmed.

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Howard, J.

The appellee made application at the March term, 1896, of the board of commissioners of Posey county for license to sell intoxicating liquors. The appellants filed a remonstrance against the granting of the license, and the license was refused. On appeal to the circuit court a motion to dismiss the remonstrance was sustained, and this ruling is the only error complained of. The motion to dismiss, however, is not made a part of the record by bill of exceptions or order of court, and cannot therefore be considered. Crumley v. Hickman, 92 Ind. 388; Yost v. Conroy, 92 Ind. 464, 47 Am. Rep. 156; Washington Ice Co. v. Lay, 103 Ind. 48; Board, etc., v. Montgomery, 109 Ind. 69.

Judgment affirmed.

Smith v. Reister, 45 N.E. 699, 146 Ind. 527, 1897 Ind. LEXIS 143 (Ind. 1897).

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