Hait v. Benson
New York Supreme Court
This was an action commenced by the above-named respondents, before James H. Brown, a justice of the peace of the county of Ulster, against the appellant, for violations of sections thirteen and fourteen of the act entitled, “ An act to suppress intemperance, and to regulate the sale of intoxicating liquors,’’ passed April 16, 1857. The complaint was as follows: “ The plaintiffs, as such board of commissioners of excise, in and for the county of Ulster, show to this court,…
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This was an action commenced by the above-named respondents, before James H. Brown, a justice of the peace of the county of Ulster, against the appellant, for violations of sections thirteen and fourteen of the act entitled, “ An act to suppress intemperance, and to regulate the sale of intoxicating liquors,’’ passed April 16, 1857. The complaint was as follows: “ The plaintiffs, as such board of commissioners of excise, in and for the county of Ulster, show to this court, that heretofore, to wit, on the first day of July, 1857, and on each and every day thereafter to the day of the…
1Opinion of the Court
Gould, Justice.
It seems to me that the decisions in 4 Hill, 136, and 5 Hill, 215, and 1 Denio, 279, are not at all *308at variance with, that in 6 Hill, 240; nor do I see that 2 Kern. 52 alters either of those prior decisions. And while I am confident that this suit would have been well brought in the name of the Board of Commissioners, without the individual names of the members of that board, there can be no pretence that the whole cause of action is not specifically and appropriately alleged as accruing to them as the Board of Commissioners, and to the Board of Commissioners. Under these…
2Cases cited1 opinion
- Agent of the State Prison v. RikemamCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by1 opinion
- Board of Commissioners of Charities & Correction v. DargeNew York Marine Court · 1881