Smith v. Reister

Citation45 N.E. 699,146 Ind. 527
PartiesSMITH et al. v. REISTER.
Decision Date07 January 1897
CourtSupreme Court of Indiana

146 Ind. 527
45 N.E. 699

SMITH et al.
v.
REISTER.

Supreme Court of Indiana.

Jan. 7, 1897.


Appeal from circuit court, Posey county; O. M. Welbom, Judge.

Application by Christian Reister to the board of commissioners of Posey county for license to sell liquors, against the granting of which John C. Smith and others filed a remonstrance. The applicant appealed to the circuit court from a refusal of the board to grant a license. From a judgment granting the license, Smith and others appeal. Affirmed.

[45 N.E. 700]


Elijah M. Spencer, for appellants. Wm. Reister, for appellee.

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, Id. 464; Ice Co. v. Lay, 103 Ind. 48, 2 N. E. 222;Commissioners v. Montgomery, 109 Ind. 69, 9 N. E. 590. Judgment affirmed.

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