People ex rel. David Stevenson Brewing Co. v. Lyman
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, the David Stevenson Brewing Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 25th day of January, 1901, denying the relator’s motion for a peremptory writ of mandamus directing the State Commissioner of Excise to pay the rebate alleged to be due on a liquor tax certificate issued to Harry Barry.
1Opinion of the Court
Willard Bartlett, J.:
•This appeal raises two questions: (1) Whether a peremptory writ -of mandamus should issue in favor of a person surrendering a liquor tax certificate, directing the State Commissioner of Excise to pay the statutory rebate where facts are alleged in opposition to the application, which, if true, show that the applicant has not voluntarily ceased to traffic in liquors during the term for which the tax was paid under. the certificate; and (2) whether an order of discharge by a city magistrate of the city of New York, reciting a determination that there is no sufficient cause…
2Cases cited4 opinions
- People ex rel. Joseph Fallert Brewing Co. v. LymanAppellate Division of the Supreme Court of the State of New York · 1900
- People Ex Rel. Frank Brewery v. . CullinanNew York Court of Appeals · 1901
- People ex rel. David Stevenson Brewing Co. v. LymanAppellate Division of the Supreme Court of the State of New York · 1902
- People Ex Rel. Society of the Free Church of St. Mary the Virgin v. FeitnerNew York Court of Appeals · 1901
3Cited by6 opinions
- People ex rel. Brewery v. ClementAppellate Division of the Supreme Court of the State of New York · 1907
- People ex rel. J. & M. Haffen Brewing Co. v. ClementAppellate Division of the Supreme Court of the State of New York · 1910
- People ex rel. Paul Weidmann Brewing Co. v. LymanAppellate Division of the Supreme Court of the State of New York · 1902
- People ex rel. Paul Weidmann Brewing Co. v. LymanAppellate Division of the Supreme Court of the State of New York · 1902
- People ex rel. Ruppert v. ClementAppellate Division of the Supreme Court of the State of New York · 1910
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