People v. Jones
New York Supreme Court
THIS case came before the court on a bill of exceptions removed by certiorari from the court of general sessions of Oneida county. The defendants, commissioners of excise in' that county, were indicted for willfully, unlawfully and corruptly granting a tavern license to one George A. Allen, of the city of Utica.
Read the full summary
THIS case came before the court on a bill of exceptions removed by certiorari from the court of general sessions of Oneida county. The defendants, commissioners of excise in' that county, were indicted for willfully, unlawfully and corruptly granting a tavern license to one George A. Allen, of the city of Utica. Allen kept a drinking saloon at the city garden in Utica, in rear of a store on Genesee street, 'only accessible from the street through an alley or arched passage way, six feet wide by twelve feet high. The only bed in the building was one occupied by the attendant, in a stall or box…
1Opinion of the Court
By the Court,
Allen, J.
The duties devolved upon commissioners of excise by the “ act to suppress intemperance and to regulate the sale of intoxicating liquors,” (Laws of 1857, ch. 628,) call for the exercise of discretion and judgment, and are, to some extent, discretionary and *315judicial. The commissioners cannot be coerced in the exercise of their discretion, by mandamus or otherwise, and for a mere mistake are not liable either civilly or criminally. But for an unlawful and corrupt exercise of the powers vested in them they are answerable criminally. They cannot willfully and knowingly…
2Cases cited4 opinions
- People v. BrooksCourt for the Trial of Impeachments and Correction of Errors · 1845
- Wintermute v. ClarkThe Superior Court of New York City · 1851
- Carpenter v. TaylorNew York Court of Common Pleas · 1856
- People v. NortonNew York Supreme Court · 1849
3Cited by12 opinions
- Gardner v. . People of the State of N.Y.New York Court of Appeals · 1875
- Dixon v. RobbinsNew York Court of Appeals · 1927
- State v. . ShoafSupreme Court of North Carolina · 1920
- Meacham v. GallowayTennessee Supreme Court · 1899
- People v. MeakimNew York Supreme Court · 1891
7 more not listed; retrieve them via the Exa API.