People Ex Rel. Sandman v. . Brush
New York Court of Appeals
Appeal from an order of the Apjiellate Division of the Supreme Court in the second judicial department, entered March 10, 3904, which affirmed an order of Special Term requiring defendants to issue a liquor tax certificate to the relator. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Apjiellate Division of the Supreme Court in the second judicial department, entered March 10, 3904, which affirmed an order of Special Term requiring defendants to issue a liquor tax certificate to the relator. The facts, so far as material, are stated in the opinion. The privilege accorded established places of traffic under subdivision 8 of section 17 of the Liquor Tax Law, by reason of the fact that they were occupied for traffic on March 23, 1896, is now subject to the qualification provided in subdivision 5 of said section relative to their continued use since…
1Opinion of the CourtO’Brien, J.
The courts below have, decided that the relator was entitled to have a liquor tax certificate issued to him upon his application authorizing him to traffic in liquors at the place described in the application, and have directed the defendant to issue and deliver the same to the relator upon payment of the tax required by law. The question presented by the appeal is whether there is any legal answer or objection to the relator’s application that would warrant the defendant in refusing the certificate.
It is contended in support of the appeal that upon the facts disclosed in the relator’s…
2Cases cited4 opinions
- Matter of KesslerNew York Court of Appeals · 1900
- Matter of HawkinsNew York Court of Appeals · 1900
- Matter of MoultonNew York Court of Appeals · 1901
- Matter of LoperNew York Court of Appeals · 1900
3Cited by3 opinions
- People ex rel. Doscher v. SissonAppellate Division of the Supreme Court of the State of New York · 1917
- In re SissonAppellate Division of the Supreme Court of the State of New York · 1918
- In re the Petition of ClementNew York Supreme Court · 1907