People ex rel. Simons v. Murray
New York Court of Common Pleas
Certiorari by Charles A. Simons to review the decision of Joseph Murray and others, constituting the board of commissioners of excise of the city of New York, in refusing to grant to relator a license to sell liquor on premises No. 98 Lexington avenue in said city.
1Opinion of the CourtGiegerich, J.
The first question to be determined is, what papers may be considered upon this hearing? At common law only the return to the writ was before the court upon review. In re Eightieth Street, 16 Abb. Prac. 169; People v. Board of Fire Com’rs, 73 N. Y. 457; People v. Commissioners Dept. Fire and Buildings, 106 N. Y. 64, 12 N. E. 641. Code Civ. Proc. § 2138, has, however, changed the former practice by requiring that the hearing must be upon the “writ and return, and the papers upon which the writ was granted.” Now, therefore, the writ and the papers upon which it was granted must also be looked…
2Cases cited5 opinions
- Merrill v. . Agricultural Ins. Co.New York Court of Appeals · 1878
- People Ex Rel. Peck v. Commissioners of the Department of Fire & BuildingsNew York Court of Appeals · 1887
- People ex rel. Hill v. Board of SupervisorsNew York Supreme Court · 1888
- People ex rel. McCarthy v. FrenchNew York Supreme Court · 1881
- People ex rel. Deutsch v. DaltonNew York Court of Common Pleas · 1894