Legal Opinion

Armstrong v. Murphy

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1901PublishedCited by 14 opinions

Appeal by the petitioner, Paul Armstrong, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 1st day of August, 1901, denying the petitioner’s application for a writ of certiorari to review the determination of the respondent in refusing to grant a theatrical license.

1Opinion of the Court

O’Brien, J.:

The relator applied for a writ of certiorari to review the determination of the police commissioner in refusing to grant a theatrical license for the theatre or premises known as the “ Circle Theatre,” and from the order denying his application he has appealed to this court.

The power of the commissioner of police to grant or withhold a theatrical license under section 1473 of the charter (Laws of 1897? chap. 378) has been discussed in the opinion in the other case which is herewith handed down, wherein this same relator applied for a mandamus (ante, p. 123); and what we are here…

2Cases cited2 opinions

  1. People Ex Rel. Kennedy v. . BradyNew York Court of Appeals · 1901
  2. People, Ex Rel. Mayor, Etc. v. . McCarthyNew York Court of Appeals · 1886

3Cited by14 opinions

  1. Miller v. MillerTennessee Supreme Court · 1923
  2. South View Cemetery Association v. HaileySupreme Court of Georgia · 1945
  3. In re HertleAppellate Division of the Supreme Court of the State of New York · 1907
  4. San Antonio & A. P. Ry. Co. v. BlairTexas Supreme Court · 1917
  5. People ex rel. Van Norder v. Sewer, Water & Street CommissionAppellate Division of the Supreme Court of the State of New York · 1904

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