47 Neb. 153 | Neb. | 1896
A. L. Hoover of defendants applied to tbe excise board of tbe city of Lincoln for license to sell liquors, — as was stated in tbe petition of tbe applicant, — “at No. 229 M street, in said city, situated on lot 12, block 66, city.” To tbis application remonstrances were filed, and after a bearing tbe excise board granted a license to A. L. Hoover to sell intoxicating liquors at 229 South Thirteenth street, from wbicb action an appeal was taken to tbe district court of Lancaster county, wbicb court, after a bearing, dismissed tbe appeal. Plaintiffs in error bave presented tbe case to tbis court by proceedings in error.
We will first notice tbe condition of tbe record presented here, and as before tbe district court. If considered upon tbe merits in tbe district court, it must bave been upon tbe testimony introduced at tbe bearing before tbe excise board, and upon tbis alone. (State v. Bonsfield, 24 Neb., 517.) In order to properly bring such evidence before tbe district court it was necessary that it be reduced to writing and filed in tbe office of application and transmitted to tbe district court to wbicb an appeal was taken. (Compiled Statutes, ch. 50, sec. 4.) It was said by Maxwell, J., in Lydick v. Korner, 13 Neb., 10: “Tbe testimony taken before tbe city council must be reduced to writing, and should be certified by tbe presiding officer as all tbe testi
It is contended for plaintiff in error that the application for a license to sell intoxicating liquors at 229 M street did not give the excise board jurisdiction to grant a license to open and conduct a saloon at 229 South Thirteenth street. To thoroughly understand the question here raised it will be necessary to refer to the description of the location of the prospective saloon, contained in the several papers filed as required in the proceedings preliminary to the issuance of the license. In the petition of the applicant it was set forth as “at No. 229 M street, in said city [referring to Lincoln], situated on lot 12, block 66, city.” In the published notice of the application
Another contention of counsel for plaintiff in error is that the statute requires the application or petition for liquor license must be signed by thirty of the resident freeholders of the ward in which it is expected to conduct the business; and further, that by one of the rules of the excise board it was enacted: “Before the petition or bond, as provided in rule three hereof, shall be filed with the clerk, the applicant shall be re
Tbe judge of tbe district court, after reaching and announcing tbe conclusion that tbe testimony taken at tbe bearing before tbe excise board was not authenticated or transmitted to tbe district court as required by law, and need not be made tbe subject of inquiry, examined and considered it and passed upon its weight and sufficiency. In one of its findings it was stated by tbe court that tbe granting of a saloon license was a matter resting in tbe discretion of the excise board, governed and controlled by tbe various provisions of law in relation to tbe issuance of such licenses, and unless it affirmatively appeared from tbe evidence that its granting a license for conducting a saloon business at any assigned location was an abuse of
It is further urged that the findings and order of the excise board were not supported by the evidence. The 'testimony was listened to and passed upon by the excise board, and was again investigated and the questions raised decided by the district court. We have carefully studied it and cannot say that the conclusions of the board and of the district court in respect to the points
Affirmed.