Board of Excise of Westchester v. Curley
New York Court of Appeals
Appeal from a judgment. The Board of Commissioners of Excise of Westchester county sued Rosanna Curley, in the city court of Yonkers, for penalties imposed by the act of 1857, for selling liquors in quantities less than five gallons, without a license. Defendant demurred to the complaint on several grounds ; but the only question passed on was, whether the plaintiffs were the proper parties to sue.
Read the full summary
Appeal from a judgment. The Board of Commissioners of Excise of Westchester county sued Rosanna Curley, in the city court of Yonkers, for penalties imposed by the act of 1857, for selling liquors in quantities less than five gallons, without a license. Defendant demurred to the complaint on several grounds ; but the only question passed on was, whether the plaintiffs were the proper parties to sue. The successive statu tes-on which this question turned are stated in the opinion below. The City Court (Baird, J.) overruled the demurrer, and on appeal both the County Court (Gifford, J.), and the…
1Opinion of the Court
The Qourt of Appeals unanimously concurred in the dissenting opinion of Hilbert, J., below stated, and on that opinion reversed the judgment. The opinion was as follows:
Gilbert, J.
I think the demurrer was improperly overruled.
Section 5 of the act of 1874, whereby the provisions of the act of April 16, 1857, that do not conflict therewith, are made a part of the former act, admits of no other construction, than that the provisions of that act as amended were adopted, and not those provisions as they stood before the amendment was made. Such was clearly the intention of the legislature.
By…
2Cases cited28 opinions
- Zabriskie v. . SmithNew York Court of Appeals · 1855
- Ely and Others v. . HoltonNew York Court of Appeals · 1857
- Town of Guilford v. . the Supervisors of Chenango CountyNew York Court of Appeals · 1855
- Swift v. . City of PoughkeepsieNew York Court of Appeals · 1868
- Sanford v. . BennettNew York Court of Appeals · 1861
23 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Knapp v. . the City of BrooklynNew York Court of Appeals · 1884
- Lattin v. Town of Oyster BayNew York Supreme Court · 1901
- In re New York Institute for Deaf & DumbNew York Court of Appeals · 1890
- Knapp v. City of BrooklynNew York Supreme Court · 1882