McNaughton v. Board of Excise
New York Supreme Court
A writ of certiorari to review the proceedings of the board of excise of the town of Argyle, Washington county, in refusing to grant a license, was issued at the Saratoga Special Term on the 1st day of July, 1893, upon the verified petition of Fred. McNaughton, the applicant, and was made returnable before Hon. S. Alonzo Kellogg at his Chambers in Plattsburg, N. Y., on the lltli day of July, 1893. The opinion sufficiently ' states the facts.
1Opinion of the CourtKellogg, J.
The return to the writ of certiorari issued herein makes voluminous • statements of facts, mainly on information and belief, but fails to state that such facts weighed with the board of excise in their refusal to grant license to the applicant, McNaughton. I think the only reasons which can be considered on this review are those appearing in the minutes of the board, and the reasons given at the *458time of the refusal. Only one of these reasons seems to me valid, the first reason. The minutes of the first day’s meeting show that the board had adjourned without day before the application was…
2Cited by3 opinions
- People ex rel. Deutsch v. DaltonNew York Court of Common Pleas · 1894
- People ex rel. Muckle v. Board of Excise, New York County Courts1895
- People ex rel. Muckle v. Board of ExciseNew York County Court, Rensselaer County · 1895