Mayor of New York v. Gorman
Appellate Division of the Supreme Court of the State of New York
Submission ol a controversy upon an agreed, statement of facts pursuant to section 1279 of the Code of Civil Procedure. The plaintiff seeks a judgment' against the executrix of former Sheriff Gorman and the sureties upon the latter’s official bond, for the sum of $5,388.88, being moneys received by Mr. Gorman, as sheriff, which he did not account for or pay into the treasury of the city. Two of the sureties, Messrs. McQuade and Plunkett, are alive and are sued individually.
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Submission ol a controversy upon an agreed, statement of facts pursuant to section 1279 of the Code of Civil Procedure. The plaintiff seeks a judgment' against the executrix of former Sheriff Gorman and the sureties upon the latter’s official bond, for the sum of $5,388.88, being moneys received by Mr. Gorman, as sheriff, which he did not account for or pay into the treasury of the city. Two of the sureties, Messrs. McQuade and Plunkett, are alive and are sued individually. The other surety, Erastus Crawford, is dead and his executors are sued as such. Several defenses are interposed to the…
1Opinion of the Court
Barrett, J.:
The questions here presented áre more numerous than important. ■ The main question, namely, the constitutionality of the act of 1890 may be briefly disposed of. The claim made by the defendants is that this act violated section 16 of article 3 of the then existing Constitution, in that it was a local bill and embraced more than one subject, and that the subjects embraced in it are not expressed in its-title. This claim is without merit. There is but one subject embraced in this act and that subject is plainly expressed in its title.
The subject is the office of sheriff of the city…
2Cases cited6 opinions
- People Ex Rel. City of Rochester v. BriggsNew York Court of Appeals · 1872
- Jones v. . ChamberlainNew York Court of Appeals · 1888
- B'd Sup'rs of Seneca v. . AllenNew York Court of Appeals · 1885
- People Ex Rel. Fiedler v. MeadNew York Court of Appeals · 1867
- People ex rel. Dee v. BackusAppellate Division of the Supreme Court of the State of New York · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Saylor v. TrotterTennessee Supreme Court · 1923
- Claim of Dusenbery v. BraggAppellate Division of the Supreme Court of the State of New York · 1934
- In re the Accounting of GillNew York Surrogate's Court · 1904
- People ex rel. Lasher v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1909
- Patti v. United Surety Co.City of New York Municipal Court · 1908