Legal Opinion

Smith v. Farley

Appellate Division of the Supreme Court of the State of New York

Decided March 26, 1913PublishedCited by 6 opinions

Appeal by the plaintiff, Joseph M. Smith, from an order of' the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Orleans on the 24th day of December, 1912, denying the plaintiff’s motion for judgment on the pleadings.

1Opinion of the Court

Lambert, J.:

This action is in equity, to have declared void, in so far as relates to the submission of the local option questions thereat, two certain elections held in the town of Murray, Orleans County, in the month of March in the years 1910 and 1912, respectively. At each of such elections the four local option questions provided for by the Liquor Tax Law were submitted to vote, and all were answered in the negative. The action has for its ultimate aim the issuance of a liquor tax certificate pursuant to the vote upon such questions prior to such elections.

It must be' conceded that a…

2Cases cited3 opinions

  1. Koch v. FoxAppellate Division of the Supreme Court of the State of New York · 1902
  2. In re GetmanNew York Supreme Court · 1899
  3. People Ex Rel. Smith v. . WeeksNew York Court of Appeals · 1903

3Cited by6 opinions

  1. Commonwealth Ex Rel. Shumaker v. New York & Pennsylvania Co.Supreme Court of Pennsylvania · 1951
  2. People v. VraniakIllinois Supreme Court · 1955
  3. Brown v. BrownDistrict Court of Appeal of Florida · 1983
  4. Gerling v. Board of Zoning AppealsNew York Supreme Court · 1957
  5. People v. CaineSuffolk County District Court · 1972

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