Legal Opinion

People ex rel. Belden Club v. Hilliard

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

Decided April 15, 1898PublishedCited by 3 opinions

Appeal by the defendant, George Hilliard, as special deputy commissioner of excise for the county of New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day of February, 1898, granting the relator’s motion for a peremptory Avrit of mandamus requiring the defendant to forthwith approve of the bond filed by the relator with the defendant, and to issue a liquor tax…

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Appeal by the defendant, George Hilliard, as special deputy commissioner of excise for the county of New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day of February, 1898, granting the relator’s motion for a peremptory Avrit of mandamus requiring the defendant to forthwith approve of the bond filed by the relator with the defendant, and to issue a liquor tax certificate to the said Belden Club, and, also, from the writ of mandamus issued thereon.

1Opinion of the CourtPatterson, J.

The relator (respondent) is a club duly organized under the act of 1875, whose certificate of incorporation was approved by a justice of the Supreme Court in the year 1886. By its president, acting as stated under a resolution of the •club, it applied to the special deputy commissioner of excise of the county of New York, to obtain a liquor tax certificate under the provisions of chapter 112 of the Laivs of 1896, as amended by chapter. 312 of the Laws of 1897. The statement upon which the application Avas based was sufficient in form, and also in substance to entitle the applicant prima facie…

2Cases cited1 opinion

  1. People ex rel. Anderson v. HoagAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by3 opinions

  1. Schnitzler v. YellowleyDistrict Court, E.D. New York · 1923
  2. In Re PorterfieldCalifornia Court of Appeal · 1944
  3. In Re PorterfieldCalifornia Court of Appeal · 1944

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