Legal Opinion

Raymond v. Clement

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

Decided March 6, 1907PublishedCited by 4 opinions

Appeal by the plaintiff, Frank A. Baymond, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Cattaraugus on the 6th day of August, 1906, upon the decision of the court, rendered after a trial at the Cattaraugus Special Term, dismissing the complaint upon the merits.

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Appeal by the plaintiff, Frank A. Baymond, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Cattaraugus on the 6th day of August, 1906, upon the decision of the court, rendered after a trial at the Cattaraugus Special Term, dismissing the complaint upon the merits. The action was commenced in April, 1906, to-have it adjudged that an attempted submission of 'the excise questions, so called, to the electors of the defendant town, at its biennial town meeting, held on the 7th day of November, 1905, and the statement of the votes…

1Opinion of the Court

McLennan, P. J.:

• The facts are not in dispute and are fully stated in the findings of the learned trial court, to which no exception was taken.

So far as material the facts are that during all the times in question the plaintiffs were severally engaged in keeping hotels in the town of Randolph in the county of Cattaraugus, N. Y. At the general election held in and for said town in November, 1903, the four excise questions, so called, were duly submitted to the electors of said town, and .a majority voted in the affirmative upon the fourth of said questions, which in effect permitted liquor to…

2Cases cited2 opinions

  1. In re O'HaraAppellate Division of the Supreme Court of the State of New York · 1901
  2. In re Town of La FayetteAppellate Division of the Supreme Court of the State of New York · 1905

3Cited by4 opinions

  1. Ulrich v. ClementNew York Supreme Court · 1910
  2. Gumaer v. SissonAppellate Division of the Supreme Court of the State of New York · 1919
  3. People ex rel. Clement v. MullenAppellate Division of the Supreme Court of the State of New York · 1919
  4. People ex rel. Derrick v. SomersAppellate Division of the Supreme Court of the State of New York · 1919

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