People Ex Rel. Knoblauch v. Warden of the Jail of the Fourth District Magistrates' Court
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 28, 1915, which affirmed an order of Special Term dismissing a writ of habeas corpus. The facts, so far as material, are stated in the opinion. The board of health has no power to pass an ordinance in regard to the control of dogs in New York city. (Miller v. Donovan, 85 Pac. Rep. 159; 3 Cal.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 28, 1915, which affirmed an order of Special Term dismissing a writ of habeas corpus. The facts, so far as material, are stated in the opinion. The board of health has no power to pass an ordinance in regard to the control of dogs in New York city. (Miller v. Donovan, 85 Pac. Rep. 159; 3 Cal. App. 325; State v. City of Trenton, 38 N. J. Law, 68; City of Brooklyn v. Furey, 9 Misc. Rep. 193; Matter of O’Connor, 48 Barb. 258; Flanagan v. Hollingsworth, 2 How. Pr. [N. S.] 391; Endlich…
1Opinion of the CourtCollin, J.
The relator was committed by a magistrate of the city of New York to answer to the Court of Special Sessions upon the charge of having violated a section of the Sanitary Code enacted by the board of health of the city, as follows: “Section 80a. No unmuzzled dog shall be permitted, at any time, to be on any public highway or in any public park or place in the city of New York.” The writ of habeas corpus through which her discharge from custody was sought was dismissed by ■ the Special Term by an order which was affirmed by the Appellate Division.
The relator asserts that the section was void…
2Cases cited8 opinions
- People Ex Rel. Lieberman v. . VandecarrNew York Court of Appeals · 1903
- Polinsky v. . PeopleNew York Court of Appeals · 1878
- Metropolitan Board of Health v. . HeisterNew York Court of Appeals · 1868
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Town of Crown PointIndiana Supreme Court · 1896
- Health Department v. . KnollNew York Court of Appeals · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Matter of Stubbe v. . AdamsonNew York Court of Appeals · 1917
- People Ex Rel. Doscher v. . SissonNew York Court of Appeals · 1918
- Cowan v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1936
- State Ex Rel. Kashiwa v. ConeyHawaii Supreme Court · 1962
- Safee v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1923
34 more not listed; retrieve them via the Exa API.