Farley v. . Scherno
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 8, 1911, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. ' The trial court had no jurisdiction of the action or to render the judgment herein.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 8, 1911, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. ' The trial court had no jurisdiction of the action or to render the judgment herein. (U. S. Const. art. 1, § 8; Fort Leavenworth R. R. Co. v. Low, 114 U. S. 264; Commonwealth v. Clary, 8 Mass. 72.) The bond in suit was illegal, void and a nullity in its inception. (M.…
1DissentCuddeback, J.
The defendant Antonio Scherno applied to the county treasurer of Clinton county for a liquor tax certificate under section 15 of the Liquor Tax Law. The law requires the application to contain a description of the place where the traffic in liquors is to be carried on and a statement that the applicant “ may lawfully carry on such traffic in liquors upon such premises.” The application described certain premises and said that they were owned by Scherno’s wife and that he might lawfully traffic in liquors thereon.
That statement was false. The premises are a part of the Plattsburgh barracks, a…
2Cases cited7 opinions
- Post v. . DoremusNew York Court of Appeals · 1875
- Thompson v. . BlanchardNew York Court of Appeals · 1850
- Livingston v. HammerThe Superior Court of New York City · 1860
- Bildersee v. AdenNew York Supreme Court · 1872
- Gein v. LittleNew York Supreme Court · 1904
2 more not listed; retrieve them via the Exa API.