Ex parte Harrington & Hubbell v. Trustees of the Village of Rochester
New York Supreme Court
The relators, in May last, applied to the trustees of the village of Rochester for a licence to retail spirituous liquors, to be drank in the building occupied by them as a grocery. The trustees refused to act or to exercise any discretion whatever upon the application of the relators, upon the ground that no power or authority existed in the board to grant such licence. The relators applied to this court for a mandamus.
1Opinion of the Court
By the Court,
Savage, Ch. J.
The question is whether the trustees of the village of Rochester have power to grant licences to grocers, to sell strong and spirituous liquors to be drank in the buildings in which such groceries are kept. The 12th section of the act incorporating the village confers the power in these terms : “ And the said trustees shall be, and they are hereby authorized to grant licences to such and so many of the said petty grocers to sell strong and spirituous liquors, to be drank in the building in which such grocery shall be kept, for a term not exceeding one year at any…
2Cited by20 opinions
- People v. MorrisNew York Supreme Court · 1835
- People Ex Rel. Killeen v. . AngleNew York Court of Appeals · 1888
- People v. MorrisNew York Supreme Court · 1835
- People, Ex Rel. Weller v. . TownsendNew York Court of Appeals · 1886
- In re New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1900
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