Legal Opinion

People Ex Rel. Lieberman v. . Vandecarr

New York Court of Appeals

Decided June 25, 1903PublishedCited by 54 opinions

Appeal from a judgment of the Appellate Division of. the Supreme Court, in the first judicial department, entered March 31, 1903, upon an order which affirmed an order of Special Term dismissing a writ of habeas corpus. The facts, so far as material, are stated in the opinion. Section 66 of the Sanitary Code is unconstitutional.

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Appeal from a judgment of the Appellate Division of. the Supreme Court, in the first judicial department, entered March 31, 1903, upon an order which affirmed an order of Special Term dismissing a writ of habeas corpus. The facts, so far as material, are stated in the opinion. Section 66 of the Sanitary Code is unconstitutional. (N. Y. Const. articles 1, 6; U. S. Const. art. 14; Yick Wo v. Hopkins, 118 U. S. 356; People v. Noel, 187 Ill. 587; Gundling v. Chicago, 177 U. S. 356; People ex rel. v. Mulholland, 82 N. Y. 324; Chicago v. Bartee, 100 Ill. 57; St. Paul v. Laidler, 2 Minn. 190;…

1Opinion of the CourtBartlett, J.

The relator Liebennan was arrested on the 8tli day of October, 1902, for a violation of section 66 of the Sanitary Code of the board of health of the health department of the city of Hew York, which violation is made by section 1172 of the charter of the city of Hew York a misdemeanor.

Section 66 of the Sanitary Code reads: “ Ho milk shall be received, held, kept, offered for sale or delivered in the City of Hew York without a permit in writing from the Board of Health and subject to the conditions thereof.”

It is admitted that relator sold milk without a permit, as alleged.

It is conceded that…

2Cases cited4 opinions

  1. Polinsky v. . PeopleNew York Court of Appeals · 1878
  2. Metropolitan Board of Health v. . HeisterNew York Court of Appeals · 1868
  3. Van Wormer v. Mayor of AlbanyNew York Supreme Court · 1836
  4. Health Department v. . KnollNew York Court of Appeals · 1877

3Cited by54 opinions

  1. New York Ex Rel. Lieberman v. Van De CarrSupreme Court of the United States · 1905
  2. Matter of Marburg v. ColeNew York Court of Appeals · 1941
  3. People Ex Rel. Lodes v. Department of HealthNew York Court of Appeals · 1907
  4. Kane v. WalshNew York Court of Appeals · 1946
  5. Matter of Stubbe v. . AdamsonNew York Court of Appeals · 1917

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