Majority
p. 999(66 Misc. Rep. 215.) CLEMENT v. LIQUORS SEIZED, etc. (Supreme Court, Special Term, New York County. February, 1910.)
Headnote
Intoxicating Liquobs (§ 248[1] )—Search Warrant—Application—DEMURRER.A demurrer to a proceeding under the excise statute for a search warrant will be dismissed on motion, as the statute makes no provision therefor.
[Ed. Note.—For other cases, see Intoxicating Liquors, Dec. Dig. § 248.[1] ]
Special proceeding by Maynard N. Clement for a search warrant against liquors seized at No. 121 West Forty.-Third street and No. 120 West Forty-Third street. On motion to dismiss demurrers.
Granted.
Herbert H. Kellogg, for plaintiff.
J. K. Field, for defendants.
These are special proceedings for a search warrant, brought under the provisions of the excise statute of the state, which regulates the procedure thereunder. There is no provision in that statute for a demurrer. I am of the opinion that the motions to dismiss the demurrers should be granted, without costs, and that the party proceeded against should have 10 days’ time in which to answer.
Motions granted.