People ex rel. Welling v. Meakim

New York Supreme Court

People ex rel. Welling v. Meakim

24 Abb. N. Cas. 379, 30 N.Y. St. Rep. 397

DecidedApril 15, 1890

StatusPublished

This text of 24 Abb. N. Cas. 379 (People ex rel. Welling v. Meakim) 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

People ex rel. Welling v. Meakim, 24 Abb. N. Cas. 379, 30 N.Y. St. Rep. 397 (N.Y. Super. Ct. 1890).

Pincite

Opinion

Baeeett, J.

The uncontradicted testimony shows that, the commissioners have neglected their duty in not deciding this and other • cases brought before them. They say they have not taken unreasonable time to decide these cases, but the facts show that in this instance, upon the briefest testimony, they have taken over forty days. That was plain negligence, and it was subversive of the law, in that the dealer’s license had nearly expired. The denial of negligence is a denial of a mere conclusion. The fact of negligence plainly appears, and the writ should therefore issue with costs.

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Baeeett, J.

The uncontradicted testimony shows that, the commissioners have neglected their duty in not deciding this and other • cases brought before them. They say they have not taken unreasonable time to decide these cases, but the facts show that in this instance, upon the briefest testimony, they have taken over forty days. That was plain negligence, and it was subversive of the law, in that the dealer’s license had nearly expired. The denial of negligence is a denial of a mere conclusion. The fact of negligence plainly appears, and the writ should therefore issue with costs.

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Bluebook (online)

24 Abb. N. Cas. 379, 30 N.Y. St. Rep. 397, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-welling-v-meakim-nysupct-1890.