Wheaton v. Slattery
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Patrick J. Slattery, from' an order made by a justice of the Supreme Court, at his chambers in the city of Binghamton, Broome county, and entered in the office of the clerk of the county of Broome on the 6th day of January, 1904, overruling special objections made by the defendant to the sufficiency of the applicant’s moving papers, and appointing a referee to take proof in relation to the allegations of the petition.
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Appeal by the defendant, Patrick J. Slattery, from' an order made by a justice of the Supreme Court, at his chambers in the city of Binghamton, Broome county, and entered in the office of the clerk of the county of Broome on the 6th day of January, 1904, overruling special objections made by the defendant to the sufficiency of the applicant’s moving papers, and appointing a referee to take proof in relation to the allegations of the petition. The proceeding was taken under section 29 of the. Liquor Tax Law authorizing the issuing of an order to show cause why a person unlawfully trafficking…
1Opinion of the Court
Chase, J.:
Section 29 of the Liquor Tax Law (Laws of 1896, chap. 112, as amd. by Laws of 1897, chap. 312) provides : “ If any corporation, association, copartnership or person shall unlawfully traffic in liquor "without obtaining a liquor tax certificate, as provided by this act, or shall traffic in liquors contrary to any provision, of this act * * * any taxpayer residing in the county may present a verified petition to a justice of the Supreme Court or a Special Term of the Supreme Court of the judicial district in which such county is situated, for an order enjoining such corporation,…
2Cases cited11 opinions
- Steuben County Bank v. . AlbergerNew York Court of Appeals · 1879
- Hoormann v. Climax Cycle Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Matter of Peck v. . CargillNew York Court of Appeals · 1901
- McKelvey v. MarshAppellate Division of the Supreme Court of the State of New York · 1901
- People Ex Rel. Rogers v. . SpencerNew York Court of Appeals · 1873
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3Cited by5 opinions
- Matter of FarleyNew York Court of Appeals · 1914
- Eichner v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906
- In re BarberAppellate Division of the Supreme Court of the State of New York · 1905
- In re the Petition of StedlerNew York Supreme Court · 1907
- Wheaton v. ConrowAppellate Division of the Supreme Court of the State of New York · 1904