People ex rel. Seitz v. Lyman
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Michael Seitz,, from an- order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 16th day of August, 1900, denying his motion for an alternative writ, of mandamus directed to Henry H. Lyman, as State Commissioner of Excise, requiring him to prepare two orders for the payment to the relator of a rebate on a liquor tax certificate.
1Opinion of the Court
Sewell, J.:
On or about the 29th day of April, 1898, a liquor tax certificate was issued to one John Warnock, authorizing him to traffic in liquors at 411 Hamilton avenue, Brooklyn. Thereafter the said Warnock assigned the certificate to the relator, who surrendered the same and demanded payment of the rebate claimed to be due thereon. The State Commissioner declined to issue an order for the payment of the rebate on the ground that Warnock had been arrested and' indicted ■ for a violation of the Liquor Tax Law, and that such indictment was pending and undetermined.
Section 25 of the Liquor Tax…
2Cases cited2 opinions
- Matter of LymanNew York Court of Appeals · 1899
- In re MichellAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by3 opinions
- People ex rel. Ernest Ochs, Inc. v. HilliardAppellate Division of the Supreme Court of the State of New York · 1903
- In re the Petition of CullinanAppellate Division of the Supreme Court of the State of New York · 1903
- In re CullinanAppellate Division of the Supreme Court of the State of New York · 1903