Legal Opinion

In re Munson

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

Decided May 15, 1904Published

Appeal by Patrick W. Cullinan, as State Commissioner of Excise of the State of New York, and another, from an order of the County Court of Washington county, entered in the office of the clerk of the county of Washington on the 9th day of December, 1903, directing a resubmission of the local option questions to the voters of the town of Granville, and refusing leave to the appellant John W. Edwards and others to intervene in the proceeding.

1Opinion of the Court

Houghton, J.:

At the town meeting in November, 1903, in pursuance of a proper petition therefor, the electors of the town -of Granville in the county of Washington, voted upon the four propositions specified in section 16 of the Liquor Tax Law with ■respect to the sale of liquors in that town. The result was a majority against all the propositions except for the sale of liquor 'by pharmacists on physicians’ prescriptions. A proper petition •for resubmission was filed, and the respondent Munson applied by ■a petition addressed to “ the County Judge of the County of Washington ” for an order…

2Cases cited3 opinions

  1. In re the Knickerbocker BankNew York Supreme Court · 1855
  2. Phinney v. . BroschellNew York Court of Appeals · 1880
  3. In re MungerAppellate Division of the Supreme Court of the State of New York · 1896

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