Legal Opinion

People ex rel. Consumers' Brewing Co. v. Fromme

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

Decided July 1, 1898PublishedCited by 6 opinions

Appeal by the relator, The Consumers’ Brewing Company of New York, Limited, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day of July, 1898, denying the relator’s application for a peremptory writ of mandamus directed to the defendant commanding him, upon tender and payment of his fees and of the tax required by the War Revenue Law •of 1898, for certificates, to accept and…

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Appeal by the relator, The Consumers’ Brewing Company of New York, Limited, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day of July, 1898, denying the relator’s application for a peremptory writ of mandamus directed to the defendant commanding him, upon tender and payment of his fees and of the tax required by the War Revenue Law •of 1898, for certificates, to accept and file the certificate required by chapter 354 of the Laws of 1895, entitled “An act to amend chapter two hundred and…

1Opinion of the Court

O’Brien, J.:

By chapter 2Y9 of the Laws of 1833, as amended by chapter 528 of the Laws of 1896 it is stated: “ Every mortgage * * * shall cease to be valid * * * after the expiration of one year from the filing thereof, unless within thirty days next preceding the expiration * * * a statement describing such mortgage, stating the names of the parties, the time when and the place where filed, and exhibiting the interest of the mortgagee in the property thereby claimed by him by virtue thereof, shall be again filed in the office of the clerk or register,” etc.

The relator shows that, in…

2Cases cited2 opinions

  1. Moore v. . MooreNew York Court of Appeals · 1872
  2. People Ex Rel. Barbour v. . GatesNew York Court of Appeals · 1870

3Cited by6 opinions

  1. Small v. SlocumbSupreme Court of Georgia · 1900
  2. Eggert v. FordWashington Supreme Court · 1944
  3. Neldert v. Chicago, Rock Island & Pacific RailroadCity of New York Municipal Court · 1915
  4. Richardson v. RobertsIllinois Supreme Court · 1902
  5. Gregory v. Hitchcock Publishing Co.City of New York Municipal Court · 1900

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