172 Ind. 320 | Ind. | 1909
This proceeding was instituted by appellant before the Board of Commissioners of the County of Noble, at the January session, 1908, to secure a license to retail intoxicating liquors at a place described in Noble township, in
It appears that on November 28, 1907, the day preceding the filing of the general remonstrance as hereinbefore mentioned, appellant filed with the county auditor fourteen cards each of which purported to be a power of attorney executed by the person whose name was signed thereto. By these several cards, M. W. Howk and thirteen others, all of whom appeared to be remonstrators on the remonstrance filed on November 29, 1907, authorized and empowered J. E. Luckey and O. E. Knowlton, or either of them, to act for the person signing each of the cards, as follows:
“To sign my name to a withdrawal from a remonstrance against the granting of a liquor license to any person in said Noble township, and to sign my name to a withdrawal from any and all remonstrances that I may have signed against the granting of a liquor license to all applicants for such license in said township, and I hereby authorize my said attorneys in fact, or either of them, t^withdraw my name signed to any remonstrance against any particular person or against all persons applying for such license in said township, and I hereby expressly empower my said attorneys, or either of them, to sign my name to such withdrawal or withdrawals and the date upon which my attorneys, or either of them, shall file such withdrawal with the auditor of Noble county shall be the date upon which the same shall be binding upon me.”
It is disclosed that these attorneys in fact never exercised nor attempted to exercise the power of withdrawing the
Other rulings of the trial court are discussed by appellant’s counsel, but if these could be said to be impressed with any error, they nevertheless would not exert any controlling influence over the judgment of the lower court. Finding no available error, the judgment is affirmed.