Village of Gloversville v. . Howell
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court upon trial without a jury. This action was brought to recover penalties for selling intoxicating liquors within the corporate limits in violation of the provisions of the charter of said village. The facts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court upon trial without a jury. This action was brought to recover penalties for selling intoxicating liquors within the corporate limits in violation of the provisions of the charter of said village. The facts appear sufficiently in the opinion. This action cannot be maintained in the name of the village of Gloversville. (Laws of 1857, chap. 628, §§ 2, 13, 14, 22; Laws of 1870, chap. 175,; Laws of 1873, chap. 249; Laws of…
1Opinion of the CourtRapallo, J.
The recovery in this action was had by virtue of the provisions of the charter of the village of Gloversville in the town of Johnstown. (Laws of 1873, chap. 505, entitled “ An act to reorganize the village of Gloversville,” passed May 14, 1873.)
By section 51 of that act, it is provided that at each annual election in said village, a vote shall be taken to regulate the granting of license to sell or dispose of intoxicating liquors, and that if a majority of the votes cast shall be for the granting of license the board of trustees may grant said license, and if a majority of the votes shall be…
2Cases cited2 opinions
- Bank of Rome v. . the Village of RomeNew York Court of Appeals · 1858
- Matter of Petition of Ferdinand MayerNew York Court of Appeals · 1872
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- Burke v. KernNew York Court of Appeals · 1941
- Ex-Parte WellsSupreme Court of Florida · 1885
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