82 Neb. 448 | Neb. | 1908
Joseph Adamek applied to the mayor and council of the city of Ord for a license to vend intoxicating liquors
We are confronted, on the threshold of this case, with the question as to whether or not this court by appeal can review the judgment of the district court. The appellees contend that cases of this character are not appealable, and may only be brought here by petition in error. In Halverstadt v. Berger, 72 Neb. 462, it was held that a final order by a district court, rendered upon appeal from an order of a village board granting or refusing a license to sell intoxicating liquors, is not reviewable on appeal in this court. Appellants, however, contend that this ruling is no longer applicable, in view of the statutory change in procedure in which cases are reviewed, in this court. The effect of the former decision was that the case could only be reviewed under section 582 of the code, as it then existed. In 1905 the legislature passed an act to provide for appeals to the supreme court in all cases, except criminal
It is unnecessary to determine whether or not a city election is a general election Avithin the meaning of section 7164, Ann. St. 1907, as the judgment must be reversed for other reasons. And, again, the evidence of the sale made on election day is not clear and convincing, and not such as would call for a reversal of the judgment. The saloon was open on election day, but this is not forbidden. No witness testified that applicant sold intoxicating drinks that day. One Avitness, who observed him from Avithout the saloon, testified relative to a drink sold by applicant, in substance, that from all appearances, and from Avhat he knew about beer, it was beer. It was not shoAvn that the witness was sufficiently familiar with’ intoxicants to make him a good witness on this point, and his testimony in this regard must be taken as mere expressions of opinion.
The record discloses that during the previous year the applicant was employed as a bartender in the saloon of a liquor licensee, his brother, W. P. Adamek, in the city of Ord, and that he, in his employer’s place of business, sold intoxicating liquors to an habitual drunkard, and that in
Section 7159 reads as follows: “Every person so licensed who shall sell any intoxicating liquor to any In
We therefore recommend that the judgment of the district court be reversed. Time has canceled the license illegally issued.
By the Court: For the reasons given in the foregoing opinion, the judgment of the district court is
Reversed.