Board of Commissioners of Excise v. Purdy
New York Supreme Court
APPEAL from an order made at a special term, dismissing the complaint, with costs to he paid by the plaintiff’s attorney, on the ground that the action had been brought without authority.
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APPEAL from an order made at a special term, dismissing the complaint, with costs to he paid by the plaintiff’s attorney, on the ground that the action had been brought without authority. The action was brought to recover a 2>enalty of ¡$50, for an alleged violation of the “ Act to suppress intemperance, and to regulate the sale of intoxicating liquors,” passed April 16, 1857, (Laws of 1857, vol. 2, ch. 628,) in selling spirituous liquors or wines, in quantities less than five gallons, without a license. The application to dismiss was made by the defendant, on an affidavit stating that no…
1Opinion of the CourtIngbaham, P. J.
The motion in this case was to dismiss the complaint and direct the attorneys to pay the costs. The *267plaintiff’s attorneys, if they had any authority to bring the actions, could have shown it on the motion, and there was no necessity for an alternative order that they should produce such authority or the actions should be dismissed.
The difficulty with me on this appeal is as to the right of the defendant to make the motion. In Thayer v. Lewis and others (4 Denio, 269) a motion similar in all respects was -made, and denied upon the express ground that the defendants could not object that the…
2Cases cited1 opinion
- Thayer v. LewisNew York Supreme Court · 1847
3Cited by6 opinions
- Asociación de Padres Capuchinos de Pennsylvania v. Corte de Distrito de San JuanSupreme Court of Puerto Rico · 1933
- Asociación de Padres Capuchinos de Pennsylvania v. District Court of San JuanSupreme Court of Puerto Rico · 1933
- Board of Commissioners of Public Charities & Correction v. CasiatirNew York Marine Court · 1881
- Hess v. AppellNew York Marine Court · 1882
- People v. LambNew York Supreme Court · 1895
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