Montana Attorney General Opinion 15-366

Opinion No. 366 Beer-Licenses-Appeal HELD: An appeal to the District Court does not stay the order of the State Board of Equalization revoking a license to sell beer until final dis- posi tion of the appeal. October 20, 1933. We are in receipt of your favor of October 16th in which you inquire whether, when you have cancelled.11 license to sell beer, an appeal to the District Court stays the order of your hoard revoking such license until final decision of the court. There seems to he very little authority upon this ques- tion. There is considerable authori.ty to the effect that an appeal does not I'acate the decision of a court or trib- unal where no provision is had for a supersedeas. . In the few cases where similar questions have been decided statutes are involved which differ somewhat from the Montana statute, In rela- tion to intoxicating liquors it has been held: "'l'he act of revocation avoids the license and renders all sales there- under thereafter illegal el'en though a writ of certiorari has been sued out. * * * A judgment or order of revocation is valid until reversed or set aside." 'Voollen & Thornton on the Laws of 1 ntoxicating Liquors, 456. The cases cited appear to substanti, 11 te the text. I would therefore con- e! ude tha t the decision of the Board reyoking the license for the sale of IIcer is in no way affected by an appeal and such license would not constitute any protection in an action brought for illegal sales while such appeal is pend- ing.