Legal Opinion

People ex rel. Friel v. Commissioners of Excise

Appellate Division of the Supreme Court of the State of New York

Decided February 15, 1896PublishedCited by 2 opinions

Certiorari issued out of the Supreme Court, and attested On the 25th day of January, 1896, directed to the excise commissioners of the city of Poughkeepsie, commanding them to return to the office of the clerk of • the county of Dutchess all and singular their proceedings in regard to the revoking of the license of the relator to sell intoxicating.liquors.

1Opinion of the Court

Per Curiam :. It appears by the return in this proceeding that on .May 1, 1895, ■a license to sell ale and beer was granted to the relator, Henry- W. Friel; that thereafter one Kate Mixture was convicted before the recorder Of Poughkeepsie of the offense of selling beer on Sunday at Fidel’s place of business; that Upon being advised of that conviction by the recorder, without notice to Friel or any hearing, the commissioners' revoked his license.

To sustain the action of the commissioners the court is referred to subdivision 3, section 28, chapter 401 of the Laws of 1892, winch is as follows:…

2Cited by2 opinions

  1. Matter of LymanNew York Court of Appeals · 1899
  2. Cullinan v. BurkhardNew York Supreme Court · 1903

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