Opinion
April Term, 1897.
Held, (1) that Joseph Boorman, Job Skellie and Byron H. Bradley were, on the 13th and 17th days of March, 1896, the duly elected and acting commissioners of license for the town of Mina, in the county of Chautauqua, State of New York, and composed the board of excise of said town. (2) That the authority conferred upon the said board of excise in relation to the subject-matter of the determination under review, has not been pursued in the mode required by law, in order to authorize the said board of excise to make the determination which it did make in granting the license, and that said license was granted without authority and without jurisdiction in said board. (3) That in making the determination, the rule of law affecting the rights of the parties thereto, has been violated to the prejudice of the relators in that the said board of excise of the town of Mina, has never legally granted to Amos Haskins a legal license, and that the so-called license which was issued to him in form by the said board is illegal and void, and was issued without authority and the same is hereby revoked, vacated and set aside, and fifty dollars costs and disbursements allowed to the relators against the respondents personally. All concurred.