Board of Commissioners of Excise of Delaware County v. Sackrider
New York Court of Appeals
Appeal from the judgment of the Supreme Court reversing the judgment of the County Court, and affirming that of the justice. Cause certified to this court. The action was brought, in the name of the board of . excise, to recover two penalties for violation of sections 13 and 14 of the act entitled “ An act to suppress intemperance, and to regulate the sale of intoxicating liquors,” passed April 16,1857. S. C. Johnson claimed to appear for the plaintiff.
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Appeal from the judgment of the Supreme Court reversing the judgment of the County Court, and affirming that of the justice. Cause certified to this court. The action was brought, in the name of the board of . excise, to recover two penalties for violation of sections 13 and 14 of the act entitled “ An act to suppress intemperance, and to regulate the sale of intoxicating liquors,” passed April 16,1857. S. C. Johnson claimed to appear for the plaintiff. The defendant appeared by William Murray, Jr., who objected to Johnson’s authority to appear. On being sworn, Johnson testified, in…
1Opinion of the CourtMorgan, J.
The County Court reversed the judgment of the justice, upon the ground that the action was discontinued by the seven days’ delay which occurred between the issuing and actual return of the attachment against the witness Charles Palmer. The Supreme Court reversed this decision of the County Court. The opinion in that court suggests two grounds upon which the judgment of the justice might be sustained: one, that there was nothing in the case to show that the defendant did not consent to the justice’s holding his court open from the 17th to the 24th of February, 1860. Another is, that the…
2Cases cited2 opinions
- Downing v. RugarNew York Supreme Court · 1839
- Perry v. TynenNew York Supreme Court · 1856
3Cited by13 opinions
- People Ex Rel. Johnson v. Board of SupervisorsNew York Court of Appeals · 1871
- City of Charleston v. LittlepageWest Virginia Supreme Court · 1913
- E. C. Olsen Co. v. State Tax CommissionUtah Supreme Court · 1946
- Moore v. WilsonSupreme Court of Kansas · 1911
- People v. FitzpatrickAppellate Division of the Supreme Court of the State of New York · 1975
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