Legal Opinion

Metropolitan Board of Excise v. . Barrie

New York Court of Appeals

Decided September 5, 1866PublishedCited by 136 opinions

Appeals from the Supreme Court. The first two of the above entitled causes are appeals from judgments of the General Term of the Supreme Court in the first judicial district, recovered against the defendants by the Metropolitan Board of Excise created by the act of April 14, 1866 (Laws of 1866, chap. 578), for penalties for publicly selling liquors without license, in violation of such statute, such sale in the Barrie case being on a week day, and in Currier’s case on…

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Appeals from the Supreme Court. The first two of the above entitled causes are appeals from judgments of the General Term of the Supreme Court in the first judicial district, recovered against the defendants by the Metropolitan Board of Excise created by the act of April 14, 1866 (Laws of 1866, chap. 578), for penalties for publicly selling liquors without license, in violation of such statute, such sale in the Barrie case being on a week day, and in Currier’s case on Sunday. In each of the cases the defendants took license in 1865, under the, excise law of 1857, which license would not…

1Opinion of the CourtWright, J.

In April, 1866, the legislature passed an act to regulate the sale of intoxicating liquors within the “ Metropolitan Police District of the State of Hew York,” excluding the county of Westchester. (Laws of 1866, chap. 598.) The civil division of the State, so called, is constituted of the counties of Hew York, Kings, Westchester and Richmond, and the towns of Hewtown, Flushing and Jamaica, in the county of Queens. (Laws of 1859, chap. 569; Laws. 1860, chap. 259.) The act declared “ that from and after the first day of May, 1866, no person or persons shall, within the said Metropolitan Police…

2Cases cited4 opinions

  1. BUTLER v. Commonwealth of PennsylvaniaSupreme Court of the United States · 1851
  2. Coates v. Mayor, Aldermen, & Commonalty of New YorkNew York Supreme Court · 1827
  3. People v. MorrisNew York Supreme Court · 1835
  4. Alger v. WestonNew York Supreme Court · 1817

3Cited by136 opinions

  1. Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
  2. Stone v. MississippiSupreme Court of the United States · 1880
  3. Butchers' Union Slaughter-House & Live-Stock Landing Co. v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1884
  4. Bertholf v. . O'ReillyNew York Court of Appeals · 1878
  5. People Ex Rel. Metropolitan Street Railway Co. v. State Board of Tax CommissionersNew York Court of Appeals · 1903

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