Legal Opinion

Sullivan v. Mayor, Aldermen & Commonalty of City of New York

New York Court of Appeals

Decided October 10, 1873PublishedCited by 2 opinions

Appeal from the general term of the court of common pleas. Reported below, 45 Howard, page 152.

1Opinion of the CourtFolder, J.

We do not agree with the general term, that the clause in section 11 of the tax levy act of 1869 is unconstitutional and void. That act is a local act. It must be confined to one subject, which must be expressed in its title. If it relates to more than one subject, or if it fails in its title *492to express that, it is void. The distinction between the provisions in that kind of act which fall within and without invalidity is well shown by the two cases of Huber agt. The People (49 N. Y., 132) and Astor in re (50 N. Y., p. 363).

The tax levy acts are for the purpose of providing the moneys needful…

2Cases cited1 opinion

  1. Huber v. . the PeopleNew York Court of Appeals · 1872

3Cited by2 opinions

  1. People Ex Rel. Satterlee v. . Board of PoliceNew York Court of Appeals · 1878
  2. Gore v. Mayor of New YorkThe Superior Court of the City of New York and Buffalo · 1893

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