320 P.2d 946 | Ariz. | 1958
Certiorari, to the superior court of Cochise county on petition of Danny Kalastro. The record reflects that there was a Series 6 liquor license which had been processed through the office of the superintendent of liquor licenses in such manner that it stood in the name of petitioner as owner. Subsequently, the estate of one David Marks was probated in respondent court and decree of distribution issued, distributing to Sylvia Marks, the widow of decedent, a “Class 6, State of Arizona Liquor License”. Thereafter, one Paul Wolfe applied for a person to person transfer of a Series 6 license from Sylvia Marks. Admittedly, this application was intended as a request to transfer the license recorded in petitioner’s name. This transfer was made without notice to or consent of petitioner. After transfer, petitioner was
“It is hereby ordered, adjudged and decreed: That all relief prayed for by Plaintiff Danny Kalastro, be, and is hereby denied and the plaintiff’s appeal from the decision of the defendant, the Superintendent of the Department of Liquor Licenses and Control of the State of Arizona be, and is hereby dismissed ; the said defendant, the Superintendent, and Intervenor the said Paul Wolfe be awarded their costs in- the premises.”
It is clear that the effect of the foregoing judgment is to confirm the action of the superintendent in transferring the license from the petitioner to Wolfe. The question presented is whether the trial court exceeded its jurisdiction by the rendition of such a judgment.
In order for the court to render the judgment denying petitioner any relief and in effect affirming the action of the superintendent in transferring the license, such petitioner appearing to be the record owner and Wolfe claiming to be the actual owner, it was necessary for the court to adjudge the respective property rights of the parties in and to the license. We have recently held that neither the superintendent nor the court on an appeal from the action of the superintendent concerning the validity of a person to person transfer of a liquor license has any jurisdiction to determine the property rights therein. Siler v. Superior Court, 83 Ariz. 49, 316 P.2d 296.
While the record does not reflect the court’s reason for dismissing the appeal
Since neither the superintendent nor the court had the power or jurisdiction to decide that petitioner had no rights in the license, the judgment must be set aside with instructions to the trial court to render judgment denying the transfer. It is so ordered.