Moser v. Scheib

Appellate Division of the Supreme Court of New York

Moser v. Scheib

1 Liquor Tax Rep. 164, 44 N.Y.S. 1124

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

DecidedApril 15, 1897

StatusPublished

This text of 1 Liquor Tax Rep. 164 (Moser v. Scheib) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Moser v. Scheib, 1 Liquor Tax Rep. 164, 44 N.Y.S. 1124 (N.Y. Ct. App. 1897).

Pincite

Opinion

Per Curiam.

The court was without jurisdiction to make the order appealed from.

In a proceeding taken to annul a liquor tax certificate, the statute provides for the granting of “an order requiring the holder of such certificate * * to appear * * * on a day specified therein, not more than ten days after the granting thereof.” (Laws of 1896, chap. 112, §28.)

The order issued in this proceeding was made returnable fifteen days after the granting thereof.

The order should be reversed, with ten dollars costs and printing disbursements.

Present—-Van Brunt, P. J., Rumsey, Williams, Patterson and Parker, JJ.

Order reversed, with ten dollars costs and disbursements.

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