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In re Lyman

In the Matter of the Petition of Henry H. Lyman, as State Commissioner of Excise, Respondent, for an Order Revoking and Canceling Liquor Tax Certificate No. 12,300, Issued to Erie County Athletic Club, Appellant

In re Lyman, 57 N.E. 1115 (N.Y. 1900)
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Court
New York Court of Appeals · State Highest Courts
Decided
May 8, 1900
Citations
57 N.E. 1115163 N.Y. 5522 Liquor Tax Rep. 3271 Bedell 5521900 N.Y. LEXIS 1102
Summary
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 4,, 1900, affirming an order of Special Term denying a motion of defendant for the trial of the issues herein by a jury, and appointing a referee to take and report the proofs in relation to the allegations contained in the petition. The questions certified were as follows: Eirst. Has the court jurisdiction to grant any relief on the facts set out in the petition ? Second. Is the Iprie County Athletic Club, the appellant, entitled to a trial by jury on the issues raised, as a matter of right?

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Order affirmed, with costs, on opinion below.

First question certified answered in the affirmative.

Second question certified answered in the negative.

Concur: Parker, Ch. J., O’Brien, Bartlett, Haight, Martin, Vann and Landón, JJ.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1900: 11904: 11905: 11909: 11917: 11918: 119002026peak 1900 · 1

Relies on it most ⓘ

  1. In re Jennings130 A.D. 645 (1909)
  2. In re Sisson179 A.D. 236 (1917)
  3. Sisson v. Todd103 Misc. 99 (N.Y. Sup. Ct. 1918)
  4. In re Lyman32 Misc. 621 (N.Y. Sup. Ct. 1900)
  5. In re Cullinan19 N.Y. Crim. 38 (N.Y. Sup. Ct. 1904)
  6. In re Cullinan3 Liquor Tax Rep. 604 (N.Y. Sup. Ct. 1905)

Most recent

  1. Sisson v. Todd103 Misc. 99 (N.Y. Sup. Ct. 1918)
  2. In re Sisson179 A.D. 236 (1917)
  3. In re Jennings130 A.D. 645 (1909)
  4. In re Cullinan3 Liquor Tax Rep. 604 (N.Y. Sup. Ct. 1905)
  5. In re Cullinan19 N.Y. Crim. 38 (N.Y. Sup. Ct. 1904)
  6. In re Lyman32 Misc. 621 (N.Y. Sup. Ct. 1900)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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