167 Ind. 398 | Ind. | 1906
The facts in this case disclose that at the regular February session, 1906, of the board of commissioners of Hamilton county, Indiana, appellant, having given the required notice of his intention to apply at. said session for a license to retail intoxicating liquors, under the license law of 1875 (Acts 1875 [s. s.], p. 55), applied to said board for a license to be granted to him to sell such liquors at a place in Adams township, in said county. On the Friday prior to the first Monday in February, 1906, on which day said February session of the board commenced, a general remonstrance, purporting to be signed by a majority of the legal voters of said Adams township, was filed with the county auditor. This remonstrance was based upon section nine of the Nicholson law, as amended by the act of 1905 (Acts 1905, p. 7, §7283i Burns 1905). By said remonstrance the persons whose names were signed thereto remonstrated against the granting of a license to any person for the sale of intoxicating liquors in said Adams township. Proceedings appear to have been had before the board upon appellant’s application, and the board, after being .duly advised, it appears, made an order dismissing the application and denying the license. From this decision appellant, within the time and
It follows that the court erred in dismissing his appeal, for which error the judgment is reversed, and the cause remanded, with instructions to the trial court to reinstate the cause on the docket and to overrule the motion to dismiss.