Legal Opinion

People ex rel. Laughran v. Flynn

New York Supreme Court

Decided August 15, 1905Published

Application for a writ of habeas corpus to be released from detention upon the charge of having trafficked in liquor at No. 2353 Third avenue New York city, without any liquor tax certificate in the premises other than one which had been duly revoked under the provisions of the Liquor Tax Law.

1Opinion of the CourtFitzgerald, J.

For return respondent submits a commitment, regular in form, directing that relator be held to answer to the Court of Special Sessions for a violation of the Liquor Tax Law. From the face of this paper it appears that the magistrate had jurisdiction to commit. This return would require a dismissal of the writ. A statement purporting to be a traverse, however, has been filed, which sets forth facts, admitted to be true, by which it is established that relator was the holder of a liquor tax certificate issued prior to the passage of chapter 697 of the Laws of 1905; that after this enactment…

2Cases cited6 opinions

  1. Wynehamer v. . the PeopleNew York Court of Appeals · 1856
  2. People Ex Rel. Einsfeld v. . MurrayNew York Court of Appeals · 1896
  3. McNeeley v. . WelzNew York Court of Appeals · 1901
  4. People ex rel. Einsfeld v. MurrayAppellate Division of the Supreme Court of the State of New York · 1896
  5. In re HilliardAppellate Division of the Supreme Court of the State of New York · 1898

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