People ex rel. Henness v. Douglass
Appellate Division of the Supreme Court of the State of New York
Motion by the petitioner, Charles H. Tapper, for an order permitting him to be heard herein and for an order setting aside the return to the writ of mandamus theretofore granted and the returns tiled by the defendants as inspectors.
1Opinion of the Court
Pee Cueiam:
It was the duty of the inspectors to file the tally sheet, and this court properly required them to perform that duty. Their duties as a canvassing board have otherwise ended. The vote of the town and not the statement of the result determines the right to sell liquors. The statement originally made, however, is presumptive evidence of the result of the vote. (People ex rel. Leonard v. Hamilton, 42 App. Div. 212.) There must be some proper way of now determining the result of the vote. Apparently a motion may be made under section 27 of the Liquor Tax Law to cancel the certificate…
2Cases cited1 opinion
- People ex rel. Leonard v. HamiltonAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by2 opinions
- In re NortonNew York Supreme Court · 1912
- Muller v. FarleyAppellate Division of the Supreme Court of the State of New York · 1915