Cronin v. . Stoddard
New York Court of Appeals
' Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made January 21, 1882, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought by plaintiff, as overseer of the poor of the town of German Flats, to recover penalties for alleged violations of the excise law in selling ale and beer without a license.
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' Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made January 21, 1882, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought by plaintiff, as overseer of the poor of the town of German Flats, to recover penalties for alleged violations of the excise law in selling ale and beer without a license. Defendant justified under a license purporting to have been issued by the commissioners of excise of said town licensing the sale of ale and beer. It was signed by H. M. Bliss and J. W.…
1Opinion of the CourtDanforth, J.
The difficulty with the appellant’s case is that when Kinne assumed to act as excise commissioner the office was already full. Bellinger, who was elected in 1876 'for a term of three years (Laws of 1874, chap. 444), was in de jure, and in 1877 was performing the d.uties of his office. There was, therefore, no place in which another could act. (Boardman v. Halliday, 10 Paige, 223.) And this is so although his official bond was not approved by the supervisor until after the time when Kinne claims to have been elected. " Thé omission at the utmost afforded cause for forfeiture of the office, but…
2Cases cited2 opinions
- Foot v. . StilesNew York Court of Appeals · 1874
- Boardman v. HallidayNew York Court of Chancery · 1843
3Cited by17 opinions
- State ex rel. Dithmar v. BunnellWisconsin Supreme Court · 1907
- City of Houston v. EstesCourt of Appeals of Texas · 1904
- City of Paris v. CabinessCourt of Appeals of Texas · 1906
- In re FitzgeraldAppellate Division of the Supreme Court of the State of New York · 1903
- People ex rel. Brooks v. WattsNew York Supreme Court · 1893
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