In re Sisson
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, Herbert S. Sisson, as State Commissioner of Excise, from part of an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 24th day of April, 1917.
1Opinion of the Court
Thomas, J.:
Upon an application for the cancellation of a liquor tax certificate, it was ordered at Special Term, upon respondent’s motion, that the issues raised by the answer to the petition “ be tried before the court and a jury, in order to aid the conscience of the court.” The question is whether the court had the power to make the order. That the respondent has not the constitutional right to trial by jury has been decided. (People ex rel. Presmeyer v. Comrs. of Police, 59 N. Y. 92; Matter of Lyman, 46 App. Div. 387; affd., 163 N. Y. 552.) But the respondent urges that the court has the…
2Cases cited6 opinions
- Peo. Ex Rel. Presmeyer v. . Comrs. of PoliceNew York Court of Appeals · 1874
- In re of the Petition of LymanAppellate Division of the Supreme Court of the State of New York · 1899
- Matter of LymanNew York Court of Appeals · 1900
- People ex rel. Thaw v. GrifenhagenNew York Supreme Court · 1915
- In re CullinanAppellate Division of the Supreme Court of the State of New York · 1904
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3Cited by2 opinions
- In re PodellNew York Supreme Court · 1930
- Sisson v. ToddNew York Supreme Court · 1918