Clement v. May
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Joseph May, from a judgment of the County Court of Tompkins county, entered in the office of the clerk of said county on the 25th day of January, 1909, upon the verdict of a jury in favor of the plaintiff, and also from an order entered in said clerk’s office on the 12th day of January, 1909, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Joseph May, from a judgment of the County Court of Tompkins county, entered in the office of the clerk of said county on the 25th day of January, 1909, upon the verdict of a jury in favor of the plaintiff, and also from an order entered in said clerk’s office on the 12th day of January, 1909, denying the defendant’s motion for a new trial made upon the minutes. The judgment was rendered in a proceeding taken under section 31c, subdivision 2, of the Liquor Tax Law (Laws of 1896, chap. 112, added by Laws of 1908, chap. 350). Subdivision 1 of section 31c provides that “…
1Opinion of the Court
Sewell, J.:
The main question presented by this appeal is whether the -provisions for. a -seizure, forfeiture and destruction of liquors kept or ■stored for the purpose of sale and distribution in violation, of the statute are constitutional.
*201It is well settled that the Legislature has power to enlarge the catalogue of public nuisances and declare places or property used to the detriment of public interests of to the injury of the health, morals or welfare of the community public nuisances, although not such at the common law.
In Lawton v. Steele (119 N. Y. 226) it was said: “ The right of the…
2Cases cited6 opinions
- Wynehamer v. . the PeopleNew York Court of Appeals · 1856
- United States Tr. Co. of New York v. . U.S. Fire Ins. Co.New York Court of Appeals · 1858
- Lawton v. . SteeleNew York Court of Appeals · 1890
- Hart v. Mayor of AlbanyCourt for the Trial of Impeachments and Correction of Errors · 1832
- Coe v. SchultzNew York Supreme Court · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In re the Accounting of Security Trust Co.New York Surrogate's Court · 1947
- Clement v. Two Barrels of WhiskeyAppellate Division of the Supreme Court of the State of New York · 1910
- People v. Wicka, New York County Courts1921
- People v. BlanchardNew York Supreme Court · 1918