People Ex Rel. Lee v. Board of Supervisors
New York Court of Appeals
This is an appeal from an order of the General Term of the late eighth judicial district of the Supreme Court in affirming an order of a Special Term, held in Erie county, directing that a ¡peremptory mandamus issue to the appellants. The facts of the case are these: In the year 1868, there was passed by the legislature of the State, the annual act, making appropriations for certain expenses of government, and for supplying deficiencies in former appropriations.
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This is an appeal from an order of the General Term of the late eighth judicial district of the Supreme Court in affirming an order of a Special Term, held in Erie county, directing that a ¡peremptory mandamus issue to the appellants. The facts of the case are these: In the year 1868, there was passed by the legislature of the State, the annual act, making appropriations for certain expenses of government, and for supplying deficiencies in former appropriations. It is chapter 717 of the Laws of 1868, and became a law on the eighth day of May, 1868. Its title is this : “ An act making…
1Opinion of the CourtFolger, J.
(After stating the facts.) The Constitution provides,in section sixteen of article three, that, “Ho private or local bill, which may be passed by the legislature, shall embrace more than one subject, and that shall be expressed in its title.”
It has been held, that the jilacing by the legislature, in a private or local bill, of matter of public or general law, does not render the act, so far as the matter of public or general law is concerned, obnoxious to the section of the Constitution above quoted. For the reason, that pro tanto, the bill is not private or local, but is general and public.…
2Cases cited12 opinions
- The People v. . McCannNew York Court of Appeals · 1857
- Brewster v. . City of SyracuseNew York Court of Appeals · 1859
- Clark v. City of JanesvilleWisconsin Supreme Court · 1860
- People Ex Rel. McConvill v. HillsNew York Court of Appeals · 1866
- The People v. . O'BrienNew York Court of Appeals · 1868
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3Cited by46 opinions
- Matter of N.Y. Elevated R.R. Co.New York Court of Appeals · 1877
- In re the New York Elevated RailroadNew York Court of Appeals · 1877
- Lewis v. DunneCalifornia Supreme Court · 1901
- Economic Power & Construction Co. v. City of BuffaloNew York Court of Appeals · 1909
- Kerrigan v. . ForceNew York Court of Appeals · 1877
41 more not listed; retrieve them via the Exa API.