People ex rel. Paul Weidmann Brewing Co. v. Lyman
Appellate Division of the Supreme Court of the State of New York
Appeal, by Patrick W. Cullinan, as State Commissioner of Excise of the State of New York, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 18th day of May, 1901, directing that a peremptory writ of mandamus issue to the successor in office of Henry H. Lyman, as State Commissioner of Excise of the State of New York, requiring him to issue two orders for the payment of a rebate…
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Appeal, by Patrick W. Cullinan, as State Commissioner of Excise of the State of New York, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 18th day of May, 1901, directing that a peremptory writ of mandamus issue to the successor in office of Henry H. Lyman, as State Commissioner of Excise of the State of New York, requiring him to issue two orders for the payment of a rebate alleged to be due upon a liquor tax certificate issued to Robert E. Mason.
1Opinion of the Court
Goodrich, P. J.:
This order should be affirmed on the authority of People ex rel. Fallert Brewing Co. v. Lyman (53 App. Div. 470; affd., without opinion, 168 N. Y. 669). I can find no material difference between the cases. In the Fallert case a certificate of the clerk of the Magistrate’s Court was annexed to the petition, certifying that the complaint against the licensee was dismissed on the merits.
The denial in the return herein that Mason,, the original licensee, *400was duly tried before Magistrate Yooehees and discharged, is not a sufficient denial of a question of fact. It is a mere legal…
2Cases cited3 opinions
- People ex rel. Joseph Fallert Brewing Co. v. LymanAppellate Division of the Supreme Court of the State of New York · 1900
- People ex rel. David Stevenson Brewing Co. v. LymanAppellate Division of the Supreme Court of the State of New York · 1902
- People ex rel. Joseph Fallert Brewing Co. v. LymanNew York Court of Appeals · 1901
3Cited by1 opinion
- People ex rel. Gantz-Wheeler Construction Co. v. WheelerNew York Supreme Court · 1910