
    Maynard N. Clement, Plaintiff, v. Liquors Seized at No. 121 West Forty-third Street and No. 120 West Forty-third Street, Defendants.
    (Supreme Court, New York Special Term,
    February, 1910.)
    Intoxicating liquors — Search for, seizure and forfeiture of liquors — Procedure — Pleading — Demurrer.
    A demurrer interposed in a proceeding brought under the excise statute for a search warrant will be dismissed on motion, as the statute makes no provision therefor.
    Special proceedings for a search warrant.
    Herbert II. Kellogg, for plaintiff.
    J. K. Field, for defendants.
   Dayton, J.

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 ten days’ time in which to answer.

Motions granted.  