Board of Commissioners of Excise v. Purdy
New York Supreme Court
APPEAL from an order made at a special term, dismissing the complaint, with costs to he paid by the plaintiff’s attorney, on the ground that the action had been brought without authority.
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APPEAL from an order made at a special term, dismissing the complaint, with costs to he paid by the plaintiff’s attorney, on the ground that the action had been brought without authority. The action was brought to recover a 2>enalty of ¡$50, for an alleged violation of the “ Act to suppress intemperance, and to regulate the sale of intoxicating liquors,” passed April 16, 1857, (Laws of 1857, vol. 2, ch. 628,) in selling spirituous liquors or wines, in quantities less than five gallons, without a license. The application to dismiss was made by the defendant, on an affidavit stating that no…
1DissentLeonard, J.
(dissenting.) A further examination induces me to adhere to the views expressed in my opinion when this motion was before me at special term, now reported in 22 How. Pr. Rep. 312. The plaintiff’s attorneys were fully notified by the moving papers that their authority to commence this action was disputed. They omitted to show any retainer, and put themselves upon the ground that the court had no power to require them to do so. Under the circumstances, it was.a confession that they were without authority from the board.
bio.proof was offered that the board had refused to prosecute for ten days…
2Cases cited1 opinion
- Commissioners of Excise for City of New York v. PurdyNew York Supreme Court · 1861