| Show IN LIQUOR LICENSES IS CHARGED BY JUDGE IN DAMAGE SUIT DECISION says action of bertha peterson vs me martin et a Is rendered void by councils error from wednesdays standard in his written opinion in the case of bertha M vs H et al an action brought by a married woman in her own name for damages alleged to have been sustained by her on account of the sale to her husband by the defendants of intoxicating liquors handed down yesterday judge howell tooh occasion to what ho termed the lax methods of issuing liquor licenses in this city tho facts brought out at the trial ot the case and testified to by the city recorder resulted in the granting of a motion to nonsuit non suit the defendants the facts developed vere that liquor licenses had been 1 granted to P poulsen and H to conduct saloons at certain places in the city that later the defendants petitioned the council to transfer their licenses to other locations and the same being granted they continued to transact business under the old license but in transferring the from one place to another tha recorder neglected to require a new bond as demanded by law and the defendants continued to do business under the same bond as was issued when the license was first granted the law regarding the issuance of gives to ane council the power to grant licenses but requires that the mayor shall approve the bond in granting the application for a transfer ot the liquor licenses in question the council supposed that the bonds previously given were still good ana the mayor was not asked to approve a new bond in the case of and angel bretson tr etson co defendants to the action the court states that upon tho verbal request of one ot the bondsmen and without a new bond being required the council transferred the license granted the defendants to conduct a liquor business at twenty fourth street to 2417 12 1 2 washington ave nue in his opinion judge howell says in an action such as the one at bar the only remedy which the plaintiff has Is by virtue of the statute which provides that a married woman may institute and maintain a suit in her own name on any such bond tor all damages sustained by heraelto and children or either on account of the sale of intoxicating liquors so that when as in this case there is no bond the plaintiff absolutely loses her cause of action not only against the saloon keepers but against the principals the licensees themselves assuming then that the plaintiff in his action has a meritorious action against these defendants in compliance with the statute the negligence of the city officers of ogden one case he cly council and in the other the city recorder ia failing to comply the plain requirements of the law in relation to tho granting of licenses to the defendants has absolutely deprived her of that action such flagrant disregard of the law cannot be too strongly condemned |
