Appellate Division of the Supreme Court of New York, 1898

People v. Seaman

People v. Seaman
Appellate Division of the Supreme Court of New York · Decided May 15, 1898
1 Liquor Tax Rep. 344

Counsel

Frederick L. Gilbert, of counsel for appellant., William J. Youngs, attorney for respondent., Daniel Underhill, Jr., of counsel.

People v. Seaman

Opinion of the Court

Section 1406 of the charter of the City of New York supersedes section 35 of the Liquor Tax Law, within the city of New York.

Board of Excise Comm. v. Burtis, 103 N. Y. 136; Lyddy v. L. I. City, 104 N. Y. 218; Heckman v. Pinckney, 81 N. Y. 211; Bowen v. Lease, 5 Hill, 221; People v. Brooklyn, 69 N. Y. 605.

It is proper to consider the title of a statute in considering its purposes and meaning. People ex rel. Collins v. Spicer, 99 N. Y. 225; People ex rel. Jackson v. Potter, 47 N. Y. 375.

The charter and the Liquor Tax Law are to be considered together. Smith v. The People, 47 N. Y. 330; Chase v. Lord, 77 N. Y. 18; People ex rel. Van Riper v. N. Y. Cath. Protectory, 106 N. Y. 614; In re Livingstone, 121 N. Y. 104.

The defendant has not a constitutional right to a trial by jury. U. S. v. Cruickshank, 92 U. S. 542; People v. Penhollow, 5 N. Y. Crim. Rep. 42; People ex rel. Comaford v. Dutcher, 83 N. Y. 240; People ex rel. Murray v. Justices of Special Sessions, 77 N. Y. 406; People v. Rawson, 61 Barb. 619; Devine v. People, 20 Hun, 98.

Appeal dismissed on argument.

All concurred.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.