Legal Opinion

Village of Cortland v. Howard

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

Decided July 1, 1896PublishedCited by 4 opinions

Appeal by the defendant, John H. Howard, from a judgment of the County Court of Cortland county in favor of the plaintiff, entered in the office of the clerk of the county of Cortland on the 3d day of December, 1895, affirming a judgment of a justice of the peace.

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Appeal by the defendant, John H. Howard, from a judgment of the County Court of Cortland county in favor of the plaintiff, entered in the office of the clerk of the county of Cortland on the 3d day of December, 1895, affirming a judgment of a justice of the peace. This action was brought in a Justice’s Court to recover a penalty of $100 imposed by the village of Cortland under an ordinance adopted by it pursuant to a provision of its charter (Laws of 1889, chap. 342), against any person selling within its limits “ intoxicating liquors contrary to law.” The complaint, after setting forth the…

1Opinion of the Court

Parker, P. J.:

The first question presented upon this appeal is whether such demurrer should not have been sustained. .It is a familiar rule that, the complaint must state “ in a plain and direct manner the facts constituting the cause of action.” (Code Civ. Proc. § 2986.) In the complaint before us the statements of what the defendant did do not show any violation of the Excise Law, nor any right to a judgment against him for the penalty claimed. The defendant might have sold to Charles White and others on the day charged the intoxicating liquors specified, and yet have not violated any law.…

2Cases cited1 opinion

  1. Brown v. . ChamplinNew York Court of Appeals · 1876

3Cited by4 opinions

  1. People v. PolhamusAppellate Division of the Supreme Court of the State of New York · 1896
  2. County of Steuben v. WoodAppellate Division of the Supreme Court of the State of New York · 1897
  3. Gunst v. GoldsteinNew York Supreme Court · 1899
  4. People v. LewisAppellate Division of the Supreme Court of the State of New York · 1910

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