In re the Objections to Petitions of Electors of Newburgh
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioners, Charles H. Flynn and another, from an order of the Supreme Court, made at the Queens County Special Term and entered in the office of the clerk of the county of Orange on the 10th day of November, 1903, denying the petitioners’ motion to have set aside and declared invalid certain petitions theretofore filed with the town clerk of the town of Newburgh relative to the submission of the local option questions, under the Liquor Tax Law of the.
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Appeal by the petitioners, Charles H. Flynn and another, from an order of the Supreme Court, made at the Queens County Special Term and entered in the office of the clerk of the county of Orange on the 10th day of November, 1903, denying the petitioners’ motion to have set aside and declared invalid certain petitions theretofore filed with the town clerk of the town of Newburgh relative to the submission of the local option questions, under the Liquor Tax Law of the. State of New York, in said town of Newburgh, and denying a motion to have the said town clerk restrained from printing or…
1ConcurrenceHooker, J.
I concur with the views expressed in the Opinion of Mr. Justice Bartlett, and vote to dismiss the appeal, but in any event the appellants should not succeed. The facts presented by the record are that on the 12th day of October, 1903, more than twenty days before the general election of that year and the biennial town meeting of the town of Newburgh, Orange county, there was filed with the town clerk of that town a petition purporting to be drawn under the local option provisions of the Liquor Tax Law (Laws of 1896, chap. 112, § 16, as amd. by Laws of 1897, chap. 312; Laws of 1899 chap. 398;…
2Cases cited2 opinions
- In re RiceAppellate Division of the Supreme Court of the State of New York · 1904
- In re RiceAppellate Division of the Supreme Court of the State of New York · 1904