New York Ex Rel. Lieberman v. Van De Carr
Supreme Court of the United States
ERROR TO THE SUPREME COURT OP THE STATE OP NEW YORK. The facts, which involved the constitutionality of section 66 of the Sanitary Code of the city of New York iñ regard to the sale of milk in that city,, are stated in the opinion. The section of the Sanitary Code involved in this action is unconstitutional and repugnant to the provisions of the Fourteenth Amendment.
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ERROR TO THE SUPREME COURT OP THE STATE OP NEW YORK. The facts, which involved the constitutionality of section 66 of the Sanitary Code of the city of New York iñ regard to the sale of milk in that city,, are stated in the opinion. The section of the Sanitary Code involved in this action is unconstitutional and repugnant to the provisions of the Fourteenth Amendment. It is an ordinance enforced by the State, under section 1172 of the city charter, which abridges the privileges and immunities of citizens, and deprives persons of property without due process of law, and denies to persons the…
1Opinion of the CourtJustice Day
delivered 'the opinion of the court.
Simon -Lieberman was arrested and held for trial by a magistrate of the city of New York, charged with violating section 66 -of the-sanitary code of New York city. After being committed to the custody of the warden of the city prison, plaintiff in error sued out a writ of habeas corpus.
At the hearing before a justice of the Supreme Court at special term the writ was dismissed and the prisoner remanded to the custody of the warden. Upon appeal to the Appellate Division of the Supreme Court the order of the special term was affirmed. This judgment was…
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