Legal Opinion

The People v. . Pinckney

New York Court of Appeals

Decided June 5, 1865PublishedCited by 55 opinions

Action in the nature of quo warranto, brought to test the title of the defendants to the office of “ metropolitan fire commissioners,” to which office they were appointed by the governor, by and with the advice and consent of the senate, under the act entitled “ An act to create a Metropolitan Fire District, and establish a Fire Department therein,” passed March 30, 1865: • The complaint alleges that at the time of the passage of the act referred to, the “Fire Department of…

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Action in the nature of quo warranto, brought to test the title of the defendants to the office of “ metropolitan fire commissioners,” to which office they were appointed by the governor, by and with the advice and consent of the senate, under the act entitled “ An act to create a Metropolitan Fire District, and establish a Fire Department therein,” passed March 30, 1865: • The complaint alleges that at the time of the passage of the act referred to, the “Fire Department of the city of Mew York” was and still is a body corporate by and under the laws of the State, and that the offices of…

1Opinion of the CourtDavis, J.

The appeal in this case brings to this court for consideration the question of the constitutional validity of the act of the legislature, entitled “An act to create a Metropolitan Fire District,and establish a Fire Department therein,” passed March 30,1865. Other questions of minor importance and ■ technical in their character are presented; but the gravity of the principal controversy should prevent their having any weight in the decision of the case.

The constitutional questions arise under the second section of article ten of the Constitution of this State, adopted in 1846. That section is…

2Cases cited5 opinions

  1. Boyd's Lessee v. GravesSupreme Court of the United States · 1819
  2. The People v. . Simeon DraperNew York Court of Appeals · 1857
  3. People Ex Rel. Loew v. BatchelorNew York Court of Appeals · 1860
  4. Slack v. BrownNew York Supreme Court · 1835
  5. People Ex Rel. Devlin v. ConoverNew York Court of Appeals · 1858

3Cited by55 opinions

  1. Commissioners of Laramie County v. COMMISSIONERS OF ALBANY COUNTYSupreme Court of the United States · 1876
  2. People Ex Rel. Metropolitan Street Railway Co. v. State Board of Tax CommissionersNew York Court of Appeals · 1903
  3. Matter of RyersNew York Court of Appeals · 1878
  4. Trustees of Exempt Firemen's Benevolent Fund v. RoomeNew York Court of Appeals · 1883
  5. Black River Regulating District v. Adirondack League ClubNew York Court of Appeals · 1954

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