Legal Opinion

People ex rel. Kidd v. Commissioners of Excise

New York Supreme Court

Decided May 15, 1893PublishedCited by 3 opinions

Certiorari by Alexander Kidd and others to review the action of the commissioners of excise of the town of Montgomery, Orange county, in refusing to grant applications for licenses to sell intoxicating liquors in said town.

1Opinion of the CourtBrown, J.

The amendment to the excise law (chapter 481, Laws 1893) gives to applicants for license, whose applications are rejected by the commissioners, a right to a certiorari to review the *874decision of the commissioners. The scope, and purpose of a writ of certiorari, and the questions which, under it, are presented for review, have been settled by a long line of judicial decisions. Originally, the court was limited to a review of questions relating solely to the jurisdiction of the inferior court or tribunal; but the scope of the proceeding was subsequently enlarged by decisions of the courts, and…

2Cases cited2 opinions

  1. People Ex Rel. Folk v. Board of Police & ExciseNew York Court of Appeals · 1877
  2. People Ex Rel. Kent v. Board of Fire CommissionersNew York Court of Appeals · 1885

3Cited by3 opinions

  1. People ex rel. McMillen v. VanderpoelAppellate Division of the Supreme Court of the State of New York · 1898
  2. People ex rel. Wood v. Board of CommissionersNew York Supreme Court · 1894
  3. People ex rel. McMillen v. VanderpoolAppellate Division of the Supreme Court of the State of New York · 1898

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