Hess v. Appell
New York Marine Court
Motion by the plaintiffs to dismiss the above actions.
1Opinion of the CourtMcAdam, J.
J. — These actions were commenced by one Wil liam H. Mundy, as the attorney of one E. M. Hillings, under section 30 of the act of 1857 (chap. 628), which in substance provides that in case the overseers of the poor (in this county the plaintiffs), whose duty it is to. prosecute for any penalty incurred under the act to suppress intemperance and to regulate the sale of intoxicating liquors, shall neglect to prosecute for the period of ten days after complaint to them that any provision of said act has been violated, accompanied with reasonable proof of the same, that then any other person may…
2Cases cited1 opinion
- Board of Commissioners of Excise v. PurdyNew York Supreme Court · 1862