People Ex Rel. Einsfeld v. . Murray
New York Court of Appeals
Appeal from judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 25, 1896, which affirmed a judgment entered upon a decision of the court at Special Term, dismissing a writ of certiorari brought by the relator ’to review the action of the board of excise of tlie city of Mew York in refusing to grant his application for a license to sell strong and spirituous liquors upon the sole ground that by the terms of the Liquor Tax…
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Appeal from judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 25, 1896, which affirmed a judgment entered upon a decision of the court at Special Term, dismissing a writ of certiorari brought by the relator ’to review the action of the board of excise of tlie city of Mew York in refusing to grant his application for a license to sell strong and spirituous liquors upon the sole ground that by the terms of the Liquor Tax Law (Chap. 112, Laws of 1896) there was no power in the board to issue a license for a term expiring later than April 30.…
1Opinion of the Court
Andrews, Ch. J.
The sole question involved in this appeal is the constitutionality of the act of the legislature, approved March 23, 1896, entitled “ An act in relation to the traffic in liquors and for the taxation and regulation of the same and to provide for local option.” The constitutionality of the act is assailed on three principal grounds : (1) That it appropriates the public moneys or property of the state to private and local purposes, and not having been passed by a two-thirds vote of the legislature, is void under art. Ill, sec. 20 of the State Constitution ; (2) that section 11 of…
2Cases cited5 opinions
- License Tax CasesSupreme Court of the United States · 1867
- Youngblood v. SextonMichigan Supreme Court · 1875
- Lorillard v. . the Town of MonroeNew York Court of Appeals · 1854
- People of the State of N.Y. v. . IngersollNew York Court of Appeals · 1874
- Kerrigan v. . ForceNew York Court of Appeals · 1877
3Cited by84 opinions
- Adler v. DeeganNew York Court of Appeals · 1929
- People Ex Rel. Metropolitan Street Railway Co. v. State Board of Tax CommissionersNew York Court of Appeals · 1903
- City of New York v. New York City Railway Co.New York Court of Appeals · 1908
- Matter of McAneny v. . Bd. of Estimate, Etc.New York Court of Appeals · 1922
- Admiral Realty Co. v. . City of New YorkNew York Court of Appeals · 1912
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