Ex parte Persons

New York Supreme Court

Ex parte Persons

1 Hill & Den. 655

DecidedJuly 15, 1841

StatusPublished

This text of 1 Hill & Den. 655 (Ex parte Persons) 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

Ex parte Persons, 1 Hill & Den. 655 (N.Y. Super. Ct. 1841).

Pincite

Opinion

By the Court, Cowbn, J.

I think the question, whether a board of excise will grant a tavern license, is open, until a resolution is entered in their minutes pursuant to the third section, of the act. It follows that, till this stage of the proceeding, we cannot interfere by mandamus. The sixth section, (1 R. S. 678, 2d ed.,) very properly confers upon them a large discretion, the. exercise of which, either in granting" or refusing a license, cannot be coerced in any way.

Motion denied.,

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By the Court, Cowbn, J.

I think the question, whether a board of excise will grant a tavern license, is open, until a resolution is entered in their minutes pursuant to the third section, of the act. It follows that, till this stage of the proceeding, we cannot interfere by mandamus. The sixth section, (1 R. S. 678, 2d ed.,) very properly confers upon them a large discretion, the. exercise of which, either in granting" or refusing a license, cannot be coerced in any way.

Motion denied.,

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Bluebook (online)

1 Hill & Den. 655, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-persons-nysupct-1841.