People on rel. Kipp v. Harris
New York Supreme Court
Demurrer to an alternative writ of mandamus. This was a writ issued on the relation of Benjamin F. Kipp and others, overseers of the poor of the town of Otsego, in the county of Otsego, against Edwin M. Harris, the treasurer of Otsego County.
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Demurrer to an alternative writ of mandamus. This was a writ issued on the relation of Benjamin F. Kipp and others, overseers of the poor of the town of Otsego, in the county of Otsego, against Edwin M. Harris, the treasurer of Otsego County. It was alleged in the writ that the Board of Commissioners of Excise for the county of Otsego had received for licenses in 1857, from persons residing in the town of Otsego, in the county of Otsego, the sum of $390, under the act “ to suppress intemperance, and to regulate the sale of intoxicating liquors,” passed April 16, 1857; that the board had paid…
1Opinion of the Court
By the Court.*
Balcom, J. [The reasons assigned by the judge to show that the relators were not entitled to the excise money claimed by them, are omitted, because this question involves no matter of practice, and was not passed upon by his associates.]
The question, whether the relators, as overseers of the poor of the town of Otsego, are entitled to the excise money received by the Board of Commissioners of Excise for the county of Otsego, for licenses, from persons residing in the town of Otsego, and paid over to the defendant, as treasurer of the county of Otsego, is presented by a demurrer…
2Cases cited1 opinion
- People ex rel. Magee v. DensmoreNew York Supreme Court · 1847