Legal Opinion

In re Rice

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1904PublishedCited by 4 opinions

Appeal by Patrick W. Cullinan, as State Commissioner of Excise of the State of New York, from an order of the County Court of Washington county, bearing date the 9th day of December, 1903, and entered in the office of the clerk of the county of Washington, directing a resubmission of the local option questions to the voters of the town of Greenwich.

1Opinion of the Court

Houghton, J.:

The order appealed from was made at the same time and under the same circumstances as the order in Matter of Munson (95 App. Div. 23), and the conclusions and reasons stated in the opinion therein with respect to the character and validity of the order apply to this case. But there were no such errors in the submission of the excise questions to the voters of the town of Greenwich as existed in that case, and. this order must be reversed.

The various questions were properly printed upon the ballot in the words of section 16 of the Liquor Tax Law, except that in the heading of the…

2Cases cited2 opinions

  1. People ex rel. Crane v. ChandlerAppellate Division of the Supreme Court of the State of New York · 1899
  2. In re MunsonAppellate Division of the Supreme Court of the State of New York · 1904

3Cited by4 opinions

  1. In re Livingston, New York County Courts1909
  2. In re MerowAppellate Division of the Supreme Court of the State of New York · 1906
  3. In re Quick, New York County Courts1905
  4. In re the Objections to Petitions of Electors of NewburghAppellate Division of the Supreme Court of the State of New York · 1904

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