Gumaer v. Sisson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Herbert S. Sisson, as State Commissioner of Excise, from an order of the Supreme Court, made at the Ulster Special Term and entered in the office of the clerk of the county of Sullivan on the 12th day of November, 1918, declaring void the result of a special town meeting held under section 13 of the Liquor Tax Law (Consol. Laws, chap. 34 [Laws of 1909, chap. 39], as amd. by Laws of 1910, chap. 485, and Laws of 1918, chap. 473).
1Opinion of the Court
Cochrane, J.:
At the biennial town meeting of the town of Mamakating, Sullivan county, N. Y., in November, 1917, the four local option questions contained in section 13 of the Liquor Tax Law were submitted to the qualified electors of the said town and carried in the affirmative.
Because notice of such election had not been properly given an order was granted by the Supreme Court nullifying the election and directing that the question should be again submitted at a special town meeting to be held September 12, 1918.
At such special town meeting in two of the three election districts of the town…
2Cases cited4 opinions
- Matter of Tamney v. . AtkinsNew York Court of Appeals · 1913
- Raymond v. ClementAppellate Division of the Supreme Court of the State of New York · 1907
- In re FarleyAppellate Division of the Supreme Court of the State of New York · 1913
- Raymond v. . ClementNew York Court of Appeals · 1909