DocketNumber: No. 18,108
Citation Numbers: 94 Neb. 547
Judges: Barnes, Fawcett, Hamer, Letton
Filed Date: 10/31/1913
Status: Precedential
Modified Date: 7/20/2022
This is an appeal from an order of the district court affirming the action of the village board of Springfield granting the applicant, Frank Zimmerman, a license to sell intoxicating liquors.
At the hearing it was stipulated that all the 31 names which appear upon the petition were upon the petition at the time of filing, except that of Mrs. Fackler, which Avas added on April 28, 1913; that the remonstrator is a practicing attorney of Omaha, and has never lived in Springfield or in Sarpy county; that at the last preceding municipal election the question of license or no license AA’as submitted to a vote of the electors and the license proposition carried by the requisite legal Arnte.
The principal objections made are that .sufficient notice of the hearing was not given, and that 30 qualified freeholders had not signed the petition. It appears that when the notice was published 30 names Avere signed to the petition. After the publication had been begun one signer Avithdrew his name, but before the license Avas granted the name of another qualified signer' Avas affixed. This was sufficient. Livingston v. Corey, 33 Neb. 366; In re Hartwig, 91 Neb. 779.
After alloAving the AArithdrawal, the names of 30 persons Avere left on the petition at the time of the hearing. It was stipulated that 22 of the signers were resident freeholders. This left only 8 persons Avhose qualifications Avere in dispute, whose names Avere numbered respectively, 1, 3, 4, 14, 20, 23, 24, 27, as they appear in the petition. The county clerk and e<r- officio register of deeds was called and asked whether he had made an examination of the
It is true that as to one signer, who is stipulated to be a resident, the evidence as to his ownership of real estate is not of much Aveiglit, but Ave think that, in the absence of anything to the contrary, there Avas sufficient to malee a prima facie case as to him. In re MacRae, 75 Neb. 757.
Considering the whole case, Ave are satisfied that the district court did not err in affirming the action of the village board. Its judgment is therefore
Affirmed.