Moser v. Scheib

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

Decided July 1, 1897

Appellate Division of the Supreme Court of the State of New York · decided 1897-07-01

Appeal by Karl Scheib from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 2d day of January, 1897, revoking a liquor tax certificate issued to Karl Scheib, a writ of certiorari to review the action of the special deputy excise commissioner in granting such liquor tax certificate to said Scheib having been granted upon the ground that he was not a citizen of the United States.

Decided 1897-07-01

Per Curiam :

¶1The court was without jurisdiction to make the order appealed from.

¶2In a proceeding taken to annul a liquor tax certificate, the statute provides for the granting of “ an order requiring the holder of such certificate "x" * "x" to appear … on a day specified therein, not more than ten days after the granting thereof.” (Laws of 1896, chap. 112, § 28.) '

¶3 *380The order issued in this proceeding was made returnable fifteen days after the granting thereof.

¶4The order should be reversed, With ten dollars costs and printing disbursements. .

¶5Present—Van Brunt, P. J., Rumsey, Williams, Patterson and Parker, Jj.

¶6■ Order reversed, with ten dollars costs and disbursements.