People ex rel. Bagley v. Hamilton
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John B. Hamilton, as treasurer of the county of Monroe, from an order of the Supreme Court, entered in the office of the clerk of the county of Monroe on-the 11th day of October, 1897, directing the defendant as county treasurer to issue to the relator a liquor tax certificate.
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Appeal by the defendant, John B. Hamilton, as treasurer of the county of Monroe, from an order of the Supreme Court, entered in the office of the clerk of the county of Monroe on-the 11th day of October, 1897, directing the defendant as county treasurer to issue to the relator a liquor tax certificate. This is a proceeding by writ of certiorari under section 28 of the Liquor Tax Law (Laws of 1896,- chap. 112, as amended by Laws of 1897, chap. 312) to review the action of the treasurer of Monroe county in refusing to issue a liquor tax certificate to the relator. The facts of the case,…
1Opinion of the Court
Adams, J.:
It is obvious from a mere reading of the foregoing statement of facts that the sole question to be considered upon this review is the construction which shall be given to certain provisions of subdivision 2 of section 24 of the Liquor Tax Law. This section, 'so far as its language is of any importance in this connection, reads as follows:
“ § 24. Traffic in liquors shall not be permitted :
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“2. * * * within two hundred feet of a building occupied exclusively as a church or schoolhouse; * * * provided, however that this prohibition shall not apply to a place which on the…
2Cases cited4 opinions
- Riggs v. . PalmerNew York Court of Appeals · 1889
- People Ex Rel. Cairns v. . MurrayNew York Court of Appeals · 1896
- People ex rel. Gentilesco v. Board of Excise CommissionersNew York Court of Common Pleas · 1894
- In re RitchieNew York Supreme Court · 1896
3Cited by11 opinions
- Glastonbury Co. v. GilliesSupreme Court of Connecticut · 1988
- In re KesslerNew York Supreme Court · 1899
- In re LymanAppellate Division of the Supreme Court of the State of New York · 1898
- In re Application of LymanAppellate Division of the Supreme Court of the State of New York · 1898
- In re ClementNew York Supreme Court · 1907
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