Village of Brewster v. Hill

On April 11, 1934, in a former hearing of this case (ante, 343) this court affirmed the judgment of the Court of Appeals, and’held in effect that the purchase ordinance of the village, and its transactions thereunder, violated Section 6, Article VIII of the state Constitution. The motion to vacate which is now filed is grounded upon the legal contention that since but five judges concurred in a judgment holding the village ordinance to be unconstitutional (two judges not participating), the former judgment is ineffective to declare the ordinance void, because the court is inhibited from so…