Legal Opinion
State v. Ferschke
New York Court of General Session of the Peace
Decided September 28, 1911No. 61PublishedCited by 7 opinions
Motion to Quash Indictment Augustus Ferschke was indicted for violating an act for the registration of persons composing partnerships, etc. The indictment was quashed, the court holding that the act is in contravention of Section 16, Art. 2 of the Constitution of the state. The facts and the questions presented appear in the opinion of the court.
1Opinion of the CourtPennewill, C. J.
delivering the opinion of the court:
A motion hás been made by the defendant in the above-stated case that the indictment be quashed for the following reasons, viz.:
“For that the act [25 Del. Laws, c. 146] under which said indictment has been found is unconstitutional.
“First. Because said act is in contravention of Section 16, Art. 2, of the Constitution of this state.
“Second. Because said act is an unreasonable and unwarranted exercise of the police power.
“ Third. Because said act is in violation of the rights guaranteed under the Constitution with respect to private property.”
The court,…
2Cases cited2 opinions
- Hyman v. StateTennessee Supreme Court · 1888
- Equitable Guarantee & Trust Co. v. DonahoeSuperior Court of Delaware · 1901
3Cited by7 opinions
- Clendaniel v. ConradSupreme Court of Delaware · 1912
- State v. GrierNew York Court of General Session of the Peace · 1913
- Klein v. National Pressure Cooker Co.Supreme Court of Delaware · 1949
- In re the Petition for the Laying Out of Cypress Farms DitchSuperior Court of Delaware · 1935
- State v. LyonsSuperior Court of Delaware · 1939
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