Smith v. Reister

• Citation: 45 N.E. 699,146 Ind. 527
• Decision Date: 07 January 1897
• Docket Number: 18,078
• Parties: Smith et al. v. Reister
• Court: Indiana Supreme Court

45 N.E. 699

146 Ind. 527

Smith et al. v. Reister

No. 18,078

Supreme Court of Indiana

January 7, 1897

From the Posey Circuit Court.

Affirmed.

E. M. Spencer, for appellants.

William Reister, for appellee.

OPINION

Howard, J.

The appellee made application at the March term, 1896, of the board of commissioners of Posey county for license to sell intoxicating liquors. The appellants filed a remonstrance against the granting of the license, and the license was refused. On appeal to the circuit court a motion to dismiss the remonstrance was sustained, and this ruling is the only error complained of. The motion to dismiss, however, is not made a part of the record by bill of exceptions or order of court, and cannot therefore be considered. Crumley v. Hickman, 92 Ind. 388; Yost v. Conroy, 92 Ind. 464, 47 Am. Rep. 156; Washington Ice Co. v. Lay, 103 Ind. 48, 2 N.E. 222; Board, etc., v. Montgomery, 109 Ind. 69, 9 N.E. 590.

Judgment affirmed.