People ex rel. David Stevenson Brewing Co. v. Lyman
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, the David Stevenson Brewing Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 2d day of February, 1901, upon 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 22d day of January, 1901, dismissing an alternative writ of mandamus after a trial at the New York Trial Term.
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Appeal by the relator, the David Stevenson Brewing Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 2d day of February, 1901, upon 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 22d day of January, 1901, dismissing an alternative writ of mandamus after a trial at the New York Trial Term. On or about the 29th day of April, 1898, the Special Deputy Commissioner of Excise for the boroughs of Manhattan and the Bronx,…
1Opinion of the Court
Van Brunt, P. J.:
It does not seem that there was necessarily any question involved upon the trial of the issues raised by the alternative writ and the return as to upon whom the burden of proof rested as to events occurring after the surrender of the certificate. The right of the relator to the rebate having been denied by the return it was bound to show by proof or admissions upon the record that the holder of the liquor license and his attorney had done all that the law required as conditions precedent to the right to claim such rebate.
It was admitted upon the record that the license had…
2Cases cited1 opinion
- People ex rel. Joseph Fallert Brewing Co. v. LymanAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by7 opinions
- People ex rel. A. Hupfel's Sons v. CullinanAppellate Division of the Supreme Court of the State of New York · 1904
- People ex rel. David Stevenson Brewing Co. v. LymanAppellate Division of the Supreme Court of the State of New York · 1902
- People ex rel. Brewery v. ClementAppellate Division of the Supreme Court of the State of New York · 1907
- In re the Petition of CullinanAppellate Division of the Supreme Court of the State of New York · 1903
- People ex rel. Duncan v. ClementAppellate Division of the Supreme Court of the State of New York · 1909
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