Standart v. Burtis
New York Supreme Court
Appeal by the defendants Bnrtis from an interlocutory judgment, entered in this action in Cayuga county, and from an order of the Special Term of this court overruling a demurrer interposed by the defendants to the plaintiffs’ complaint.
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Appeal by the defendants Bnrtis from an interlocutory judgment, entered in this action in Cayuga county, and from an order of the Special Term of this court overruling a demurrer interposed by the defendants to the plaintiffs’ complaint. The complaint contains the necessary averments showing that the plaintiffs are entitled to bring this action under chapter 531 of the Laws of 1881. The complaint states that a former board of excise of the city of Auburn recovered a verdict against the appellants for $1,800' for selling liquor without á license; and that judgment was entered against the…
1Opinion of the Court
Lewis, J.:
It appears that the city of Auburn was the owner of a judgment against the appellants of the value of about $2,000; that the commissioners were about to cancel and discharge it upon the payment by the judgment debtor of a sum much less than its value for the purpose of favoring such debtors at the expense of the taxpayers of the city, whom they officially represented, and because they were opposed to the enforcement of the excise law. All the questions which were raised by the defendants upon the trial of the action against them for selling liquor without a license have been decided…
2Cases cited4 opinions
- The People Ex Rel. Negus v. . DwyerNew York Court of Appeals · 1882
- Hartwell v. ArmstrongNew York Supreme Court · 1854
- B'd of Com'rs of Excise, Etc. v. . BurtisNew York Court of Appeals · 1886
- Lord v. VreelandNew York Supreme Court · 1861