People ex rel. Presmeyer v. Board of Commissioners of Police & Excise
New York Court of Appeals
Appeal from order of the General Term, of the Supreme Court, in the second judicial department, affirming an order of Special Term, denying a motion on behalf of the relator, that a writ of prohibition issue, commanding respondents to desist from proceedings to cancel relator’s license for the sale of intoxicating liquors. The relator had obtained a license from the said board.
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Appeal from order of the General Term, of the Supreme Court, in the second judicial department, affirming an order of Special Term, denying a motion on behalf of the relator, that a writ of prohibition issue, commanding respondents to desist from proceedings to cancel relator’s license for the sale of intoxicating liquors. The relator had obtained a license from the said board. A complaint was made to the board against him, under section 8, chapter 549, Laws of 1873, for selling beer on Sunday, by a sergeant of the police, of which complaint the following is a copy: “ Brooklyn, Feb. 9, 1874.…
1Opinion of the CourtGrover, J.
Section 8 of chapter 549, Laws 1873 (page 859), among other things, provides, that the board of excise of any city, town or village, may at any time, and upon the complaint of any resident of said city, town or village, shall summon before them any person or persons licensed as aforesaid, and if they shall become satisfied that any such person or persons has or have violated any of the -provisions of this act or of the acts hereby amended, they shall revoke, cancel and annul the license of such person or persons, which they are hereby empowered to do; and, when necessary, to enter upon the…
2Cases cited1 opinion
- Metropolitan Board of Excise v. . BarrieNew York Court of Appeals · 1866
3Cited by1 opinion
- Parker v. Arctic Fire InsuranceNew York Supreme Court · 1873