People Ex Rel. Doscher v. . Sisson
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 5, 1917, which dismissed a writ of certiorari and reversed an order of the Kings County Court directing issuance to the relator of a liquor tax certificate for the year commencing October 11, 1917. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 5, 1917, which dismissed a writ of certiorari and reversed an order of the Kings County Court directing issuance to the relator of a liquor tax certificate for the year commencing October 11, 1917. The facts, so far as material, are stated in the opinion. The so-called Newton law contravenes article 3, section 1 of the Constitution of the state of New York, providing that the legislative power of this state shall be vested in the senate and assembly. (Matter of Lyman, 160 N.…
1Opinion of the CourtCollin, J.
The relator, Henry J. Doscher, instituted this proceeding, in certiorari, under the authority of section 27, subdivision 1, of the Liquor Tax Law (Cons. Laws, ch. 34) to review the refusal of David H. Ralston, as special deputy commissioner of excise for the county of Kings, to issue a liquor tax certificate to him for the excise year commencing October 1, 1917. The writ was issued by and was returnable before the county judge, who, upon the papers, which included a return to the writ, after a hearing, by an order directed the issuance of the certificate. The Appellate Division reversed the…
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