Legal Opinion
City of Albany v. Newhof
Appellate Division of the Supreme Court of the State of New York
Decided November 26, 1930PublishedCited by 5 opinions
1Opinion of the CourtVan Kirk, P. J.
The plaintiff, city of Albany, has a judgment restraining defendants from slaughtering cattle on their premises in that city. It alleges that defendants are unlawfully so doing without the consent of the city council. The answer sets up denials which question the validity of the ordinance and that section 42 of the Second Class Cities Law authorizes the action. The pleadings do not raise the question whether, if consent were asked, it would be granted.
Article 12, section 3, of the Constitution grants to every city power to enact “ local laws, not inconsistent with the Constitution and laws of…
2Cases cited6 opinions
- Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873
- Matter of Larkin Co. v. SchwabNew York Court of Appeals · 1926
- Fischer v. St. LouisSupreme Court of the United States · 1904
- Cronin v. . People of the State of New YorkNew York Court of Appeals · 1880
- City of Buffalo v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Jewett v. Luau-Nyack Corp.New York Court of Appeals · 1972
- In Re Appeal of ClementsOhio Court of Appeals · 1965
- In re the Estate of SimeoneNew York Surrogate's Court · 1931
- Russell Sage College v. City of TroyNew York Supreme Court · 1960
- City of Albany v. NewhofAppellate Division of the Supreme Court of the State of New York · 1931