172 Ind. 309 | Ind. | 1909
On May 29, 1908, three days before the regular June session of the Board of Commissioners of the County of Wells, a general remonstrance against the granting to any one of a license to sell intoxicating liquors at retail, within the second ward of the city of Montpelier, was filed with the auditor of said county, which remonstrance, when filed, contained the names of 131 persons. Appellant had previously given notice that he would, at the June ses
So the case comes to this: If the twenty-twp persons who withdrew from the remonstrance on Thursday, and reexecuted the same on Friday, before filing, are to be counted as remonstrators, then a majority of the legal voters of the ward were remonstrators, and neither the commissioners nor the circuit court acquired jurisdiction to authorize the issuance of a license to appellant, as was held by the court below, and the case must be affirmed.' If said twenty-two persons were bound by their withdrawals, filed with the auditor on Thursday, and their effort to reexecute the remonstrance on Friday was a nullity, as contended by appellant, then the cause must be reversed.
Judgment affirmed.