People Ex Rel. Stiner v. . Morrison
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, in favor of defendant, entered upon an order overruling exceptions and directing judgment on a verdict; the exceptions having been ordered to be heard at first instance at Special Term. This action was in the nature of a quo wan'cinto, brought to determine the title to the office of commissioners of excise in the city of New York. The facts appear sufficiently in the opinion.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, in favor of defendant, entered upon an order overruling exceptions and directing judgment on a verdict; the exceptions having been ordered to be heard at first instance at Special Term. This action was in the nature of a quo wan'cinto, brought to determine the title to the office of commissioners of excise in the city of New York. The facts appear sufficiently in the opinion. The charier of 1873 superseded the law of 1870, as to tho appointment and terms of office of the excise commissioners.…
1Opinion of the CourtRaparlo, J.
The main question in this case is whether after the passage of the charter of the city of New York, of 1873 (Laws of 1873, chap. 335, passed April 30, 1873), the tenure of office of commissioners of excise in that city was regulated by the provisions of that act, or whether, in regard to those officers, the act of 1870 (Laws of 1870, chap. 175), continued in force. It is conceded that in the latter event the relator has no claim.
The act of 1870, chapter 175, is entitled “an act regulating the sale of intoxicating liquors,” and provides for a a board of commissioners of excise in each of the…
2Cases cited1 opinion
- Smith v. . the PeopleNew York Court of Appeals · 1872
3Cited by6 opinions
- People ex rel. Strough v. Board of County CanvassersNew York Supreme Court · 1894
- Carroll v. . McArdleNew York Court of Appeals · 1915
- Gabel v. Williams, New York County Courts1902
- In re New York Institute for Deaf & DumbNew York Court of Appeals · 1890
- McCredie v. City of BuffaloNew York Supreme Court · 1885
1 more not listed; retrieve them via the Exa API.