Fox v. Mohawk & Hudson River Humane Society
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 14, 1898, reversing a judgment in favor of defendant entered upon a dismissal of the complaint hy the court on trial at Special Term, and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Chapter 448 of the Laws of 1896 is a valid exercise of. the police power of the state. (Const.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 14, 1898, reversing a judgment in favor of defendant entered upon a dismissal of the complaint hy the court on trial at Special Term, and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Chapter 448 of the Laws of 1896 is a valid exercise of. the police power of the state. (Const. N. Y. art. 10, § 2; Den ex dem. v. Hoboken Co., 18 How. [U. S.] 272; Davidson v. Bd. Administrators, 6 Otto, 97; Stuart v. Palmer, 74 N. Y.…
1Opinion of the CourtCullen, J.
This action was brought to restrain the defend-
ant from killing, disposing of or interfering with the plaintiffs dogs, he having refused to pay the license fee prescribed by chapter 448, Laws of 1896, entitled “ An act for the prevention of cruelty to animals and empowering-certain societies for the prevention of cruelty to animals to do certain things.” The defendant was formed by the consolidation of a society for the prevention of cruelty to children with one for the prevention of cruelty to animals and was vested with all the powers of each association. (Chap. 292, Laws of 1894.) The…
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