Clement v. Liquors Seized at No. 121 West Forty-third Street

New York Supreme Court

Clement v. Liquors Seized at No. 121 West Forty-third Street

66 Misc. 215, 122 N.Y.S. 999

DecidedFebruary 15, 1910

StatusPublished

This text of 66 Misc. 215 (Clement v. Liquors Seized at No. 121 West Forty-third Street) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clement v. Liquors Seized at No. 121 West Forty-third Street, 66 Misc. 215, 122 N.Y.S. 999 (N.Y. Super. Ct. 1910).

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Opinion

Dayton, J.

These are special proceedings for a search warrant, brought under the provisions of the excise statute of the State, which regulates the procedure thereunder. There is no provision in that statute for a demurrer. I am of the opinion that the motions to dismiss the demurrers should be granted, without costs, and that the party proceeded against should have ten days’ time in which to answer.

Motions granted.

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Dayton, J.

These are special proceedings for a search warrant, brought under the provisions of the excise statute of the State, which regulates the procedure thereunder. There is no provision in that statute for a demurrer. I am of the opinion that the motions to dismiss the demurrers should be granted, without costs, and that the party proceeded against should have ten days’ time in which to answer.

Motions granted.

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Bluebook (online)

66 Misc. 215, 122 N.Y.S. 999, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clement-v-liquors-seized-at-no-121-west-forty-third-street-nysupct-1910.