People ex rel. Ging v. Lyman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Henry H. Lyman, State Commissioner of Excise, from an order of the Supreme Court, made at the Suffolk Special Term and entered in the office of the clerk of the county of Suffolk on the 3d day of July, 1899, directing that a peremptory writ of man damns issue requiring the defendant- to- prepare two-orders for the payment of the rebate of the relator, Edward Ging,, and transmit the order on the county treasurer for the two-thirds and the check of the…
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Appeal by the defendant, Henry H. Lyman, State Commissioner of Excise, from an order of the Supreme Court, made at the Suffolk Special Term and entered in the office of the clerk of the county of Suffolk on the 3d day of July, 1899, directing that a peremptory writ of man damns issue requiring the defendant- to- prepare two-orders for the payment of the rebate of the relator, Edward Ging,, and transmit the order on the county treasurer for the two-thirds and the check of the State Treasurer for the one-third of the rebate to the county treasurer of Suffolk county to be delivered to the…
1Opinion of the Court
Woodward, J. :
In May, 1896, the respondent paid to the county treasurer of Suffolk county $200 for a liquor tax certificate, numbered 26,251. This certificate was to be used in Greenport, in the said county, and *313as that village has, in fact, a population exceeding 1,200, the treasurer assumed that the amount collected was proper under the law. It was subsequently discovered, however, that the Liquor Tax Law (Chap. 112 of the Laws of 1896) provided that the population of villages must be determined by the last State or National census, and if the population was not thus determined, the tax…
2Cited by3 opinions
- Bailey v. Colleen Products Corp.New York Supreme Court · 1923
- Knapp v. Scanlin, New York County Courts1902
- Knapp v. ScanlinNew York County Court, Saratoga County · 1902