Legal Opinion

People v. Norton

New York Supreme Court

Decided December 3, 1849PublishedCited by 13 opinions

Demurrer to indictment. The indictment was found at the August oyer and terminer for Washington county, in 1849. It contained three counts not essentially differing from each other.

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Demurrer to indictment. The indictment was found at the August oyer and terminer for Washington county, in 1849. It contained three counts not essentially differing from each other. It charged in substance that the defendants, being the commissioners of excise for the town of Fort Edward, for the year 1849, met at said town on the first Monday of May, 1849, as such, and thereupon knowingly, designedly, unlawfully and corruptly did grant a license to one William B. Hitchcock as an innkeeper of said town to sell strong and spirituous liquors and wines to be drank in his said house, in the…

1Opinion of the CourtWillard, J.

The act relative to excise, and the regulation of taverns and groceries (1 R. S. 677,8, § 4) authorizes the commissioners of excise to grant licenses to keepers of inns and taverns being residents of their town, to sell strong and spirituous liquors and wines to be drank in their houses respectively; and section 6 forbids the granting of such license unless such person " proposes to keep an inn or tavern, and unless the commissioners are satisfied that the applicant is of good moral character; that he is of sufficient ability to keep a tavern ; and has the necessary accommodations to…

2Cases cited3 opinions

  1. Yates v. LansingNew York Supreme Court · 1810
  2. Yates v. LansingCourt for the Trial of Impeachments and Correction of Errors · 1811
  3. M'Dowell v. Van DeusenNew York Supreme Court · 1815

3Cited by13 opinions

  1. People v. HerlihyAppellate Division of the Supreme Court of the State of New York · 1901
  2. People v. KnappAppellate Division of the Supreme Court of the State of New York · 1911
  3. People v. JonesNew York Supreme Court · 1863
  4. Vanderhoff v. PalmerNew York Supreme Court · 1896
  5. People v. HerlihyNew York Court of General Session of the Peace · 1901

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