People ex rel. Schuler v. Schatz
Appellate Division of the Supreme Court of the State of New York
Appeal by Charles Schuler and Patrick Callen, the relators in each of the above-entitled actions, from orders of the county judge of Westchester county, entered in the office of the clerk of the county of Westchester on the 17th day of February, 1900, dismissing writs of certiorari.
1Opinion of the Court
Woodwaed, J.:
In view of the provisions of section 35 of the Liquor Tax Law (Laws of 1896, chap. 112), as amended by section 25 of chapter 312 of the Laws of 1897, the contention of the appellants that a committing magistrate has no jurisdiction to issue a warrant upon the information of a police officer, charging a violation of the Liquor Tax Law, without the intervention of the district attorney, and without the information of such alleged violation having first been presented to the district attorney, is entirely untenable. The rule of law that where a statute prescribes a particular mode…
2Cases cited1 opinion
- People v. GilkinsonCourt Of Oyer And Terminer New York · 1857
3Cited by6 opinions
- People v. KnappAppellate Division of the Supreme Court of the State of New York · 1911
- United States v. ButlerDistrict Court, E.D. New York · 1922
- Young v. StateIndiana Supreme Court · 1919
- People ex rel. Maher v. PotterNew York Supreme Court · 1907
- People ex rel. Sollazzo v. JacksonNew York Supreme Court · 1954
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