Legal Opinion

People ex rel. J. & M. Haffen Brewing Co. v. Clement

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

Decided July 7, 1910PublishedCited by 1 opinion

Appeal by the relator, J. & M, Haffen Brewing Company, 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 26th day of May, 1910. The opinion delivered at Special Term is reported in People ex rel. Haffen. B. Co. v. Clement (67 Mise:. Rep 527). ,

1Opinion of the Court

Clarke, J.:

Appeal from an order refusing a peremptory writ of mandamus and ordering that an alternative writ of .mandamus issue in- a proceeding to collect a rebate under the Liquor Tax Law. The petition complies with the statute and contains.-the formal requirements. The question involved arises under certain allegation's of the petition and answer. The petition, alléges: “ XIII. * * *'.At the time of the surrender -of said liquor tax certificate no complaint, prosecution or action was pending against the said Jacob Debold [who was the original certificate holder] or yóur petitioner on…

2Cases cited5 opinions

  1. People ex rel. Joseph Fallert Brewing Co. v. LymanAppellate Division of the Supreme Court of the State of New York · 1900
  2. People ex rel. David Stevenson Brewing Co. v. LymanAppellate Division of the Supreme Court of the State of New York · 1902
  3. People ex rel. Joseph Fallert Brewing Co. v. LymanNew York Court of Appeals · 1901
  4. People ex rel. Brewery v. ClementAppellate Division of the Supreme Court of the State of New York · 1907
  5. People ex rel. Duncan v. ClementAppellate Division of the Supreme Court of the State of New York · 1909

3Cited by1 opinion

  1. People ex rel. Ruppert v. ClementAppellate Division of the Supreme Court of the State of New York · 1910

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