B'd of Com'rs of Excise, Etc. v. . Merchant
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 31, 1884, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was brought to recover penalties for alleged violations of the excise law. The material facts are stated in the opinion. The action was not brought by the proper party.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 31, 1884, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was brought to recover penalties for alleged violations of the excise law. The material facts are stated in the opinion. The action was not brought by the proper party. It ought to have been in the name of the board of charities and police of the city of Auburn. (Laws of 1857, chap. 628, § 22; Laws of 1873, chap.…
1Opinion of the CourtEarl, J.
The main question to be determined in this case is whether this action should have been commenced by the present plaintiff or by the board of charities and police for the city of Auburn, and upon this question our views have been sufficiently expressed in the case just decided against Burtis, and we refer to the opinion pronounced in that case. *
Upon the trial of this action the judge charged the jury that ' “the law provides in such case as this, that upon proof being made of the fact that liquor was seen to be drank on the premises, that is prima facie evidence that it was sold with intent…
2Cases cited2 opinions
- Sherman v. . Hudson River Railroad Co.New York Court of Appeals · 1876
- State v. HurleySupreme Judicial Court of Maine · 1867
3Cited by60 opinions
- Lindsley v. Natural Carbonic Gas Co.Supreme Court of the United States · 1911
- Morrison v. CaliforniaSupreme Court of the United States · 1934
- United States v. FleischmanSupreme Court of the United States · 1950
- People v. . CannonNew York Court of Appeals · 1893
- Meadowcroft v. PeopleIllinois Supreme Court · 1896
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