34 Ind. App. 473 | Ind. Ct. App. | 1905
Lead Opinion
The appellee petitioned the board of commissioners of Monroe county for a license to sell spirituous, vinous, malt or other intoxicating liquors at his place of business, specifically described, and situated in the first ward of the city of Bloomington, in Bloomington township, Monroe county, Indiana. A remonstrance against the issuance of such license was filed. It was signed by a large number of persons, and was in words and figures as follows: “Individual remonstrance against a certain applicant. We, the undersigned residents and voters in Bloomington township, Monroe county, and in the city of Bloomington, State of Indiana, hereby remonstrate against the granting of a license to Enos S. DeMoss upon his application to' sell spirituous, vinous, malt or other intoxicating liquors in said aforesaid ward.” Such proceedings were had on said petition and remonstrance as resulted in a judgment being rendered by said board of commissioners in favor of said remonstrators and against said petitioner.
Thereupon the petitioner appealed to the circuit court, where he filed a motion to dismiss said remonstrance, which motion was by the court sustained, and said remonstrance thereupon dismissed. The grounds of such motion were: (1) That “said alleged remonstrance does not purport to be a remonstrance by the subscribers against granting a license to the applicant herein to sell spirituous * * * liquors within the first ward of the city of Bloomington,. Monroe county, Indiana. (2) That said remonstrance is no> bar to the application herein. (3) Said alleged remonstrance is not directed to any one of the political or civil subdivisions, as is required by section nine of the so-called
Pending the decision of such motion the remonstrators prayed leave to amend the remonstrance by inserting the words “the first ward” twice — once addressed to the residences of the remonstrators, and once to the place of sale. The leave to amend was denied, the remonstrance dismissed, and license thereafter issued as prayed.
Judgment is reversed, and the cause remanded, with instructions to overrule appellee’s motion to dismiss, and for further consistent proceedings.
Concurrence Opinion
I concur in the conclusion, but am of the opinion that the remonstrance in its present form is insufficient. The court below should have permitted appellants to amend the remonstrance by inserting the words “in the first ward of.” An amendment of a remonstrance on an appeal from the board of commissioners is allowable. Stockwell v. Brant (1884), 97 Ind. 474; Hardesty v. Hine (1893), 135 Ind. 72.