People ex rel. Ruppert v. Clement
Appellate Division of the Supreme Court of the State of New York
Appe'al from Special Term, New York County. Biandamus by the People, on the relation of Jacob Ruppert, to compel 31ay-nard N. Clement, as State Commissioner of Excise, to award a rebate under tile liquor tax law (Consol. Laws, c. 34). Appeal from an order denying a peremptory writ.
1Opinion of the CourtClarke, J.
This case presents the same point discussed and decided in People ex rel. Haffen Brewing Co. v. Clement (opinion handed down herewith) 123 N. Y. Supp. 102, with this exception: In the case at bar the petition alleged that James Hogan, an employé of the certificate holder, was arrested on a charge of unlawfully violating the provisions of said liquor tax law (Consol. Laws, c. 34) and that said complaint was dismissed by the grand jury, and a certificate of dismissal under the seal of the Court of General Sessions of the Peace was attached.
Upon the authority of People ex rel. Fallert Brewing…
2Cases cited3 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. David Stevenson Brewing Co. v. LymanAppellate Division of the Supreme Court of the State of New York · 1902
- People ex rel. David Stevenson Brewing Co. v. LymanAppellate Division of the Supreme Court of the State of New York · 1902