Harker v. Mayor of New York
New York Supreme Court
Error from the superior court of the city of New York. A suit was commenced in the name of the mayor, aldermen and commonalty of the city of New York, in a justice’s court against Harker.
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Error from the superior court of the city of New York. A suit was commenced in the name of the mayor, aldermen and commonalty of the city of New York, in a justice’s court against Harker. The plaintiffs declared against him for that he, being an inhabitant of the city, suffered and permited two of his carts to be driven without having his name painted thereon, contrary to the 3d section of title 7th of a law of the mayor, aldermen and commonalty of the city of New York, to regulate carts and cartmen, and therefore suit was brought. The declaration was headed “ narr in debt, ten dollars.” The…
1Opinion of the Court
By the Court,
Cowen, J.
It is insisted by the counsel for the plaintiff in error that the declaration is insufficient, because, 1. The ordinance of the corporation under which the suit is brought, is not set out; 2. That more than one penalty is demanded by the court; 3. That the amount of the penalty is not stated. It is also insisted for the plaintiff in error that the ordinance, if it can be construed to extend beyond the cartmen of the city, is void, as not within the powers of the corporation.
Were we to pass upon any of the objections except the first, it would be mere guess work; for the…
2Cited by16 opinions
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- Lucas, Turner & Co. v. City of San FranciscoCalifornia Supreme Court · 1857
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