People ex rel. Wood v. Board of Commissioners
New York Supreme Court
Appeal from special term, Cattaraugus county. Certiorari by Oscar C. Wood to review the action of the board of commissioners of excise of the town of Randolph in denying relator’s application for an hotel license. From an order dismissing the certiorari, relator appeals. Affirmed.
1Opinion of the CourtDwight, P. J.
The return of the commissioners is to the effect that they were elected as no-license commissioners, and that for that reason they felt it to be their duty, “both in a legal and moral sense,” to refuse to grant the license applied for. We think the order of the special term dismissing the proceedings was well based upon such return, and should be affirmed.
Section 41 of the excise law of 1892 (Laws 1892, c. 401) is as follows: “Local Option. Nothing herein, except section thirty-one shall in any manner apply to any town where the majority of voters *42have voted for or hereafter vote for local…
2Cases cited3 opinions
- People ex rel. Kidd v. Commissioners of ExciseNew York Supreme Court · 1893
- People ex rel. Davis v. TrumanNew York Supreme Court · 1893
- People ex rel. Watkins v. Commissioners of ExciseNew York Supreme Court · 1893
3Cited by2 opinions
- People ex rel. Muckle v. Board of Excise, New York County Courts1895
- People ex rel. Muckle v. Board of ExciseNew York County Court, Rensselaer County · 1895