Wright v. . Hart
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 7, 1905, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 7, 1905, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint. In Hovember, 1903, a corporation known as W. C. Loftus & Co., engaged in the retail clothing and tailoring business in the city of Hew York, sold to the defendant its entire stock, fixtures and lease for a consideration of $22,953.86. Within-a few days thereafter a petition in involuntary bankruptcy proceedings was filed against it, and the plaintiff was elected trustee…
1Opinion of the CourtWerner, J.
Before proceeding to a critical view of the challenged statute it may be profitable to make a few pertinent though trite observations on the nature, construction and effect of written constitutions. A written constitution is the fundamental expression of the sovereign will. Under our form of government that sovereign will resides in the people.' A written constitution is not only the direct and basic expression of the sovereign will, but is the absolute rule of action and decision for all departments and offices of government in respect to all matters covered by it and must control as it is…
2Cases cited9 opinions
- Lawton v. SteeleSupreme Court of the United States · 1894
- Allgeyer v. LouisianaSupreme Court of the United States · 1897
- Matter of Application of JacobsNew York Court of Appeals · 1885
- People v. . GillsonNew York Court of Appeals · 1888
- Wynehamer v. . the PeopleNew York Court of Appeals · 1856
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3Cited by82 opinions
- Ives v. South Buffalo Railway Co.New York Court of Appeals · 1911
- Judd v. Board of Education of Union Free School District No. 2New York Court of Appeals · 1938
- Lemieux v. Young, TrusteeSupreme Court of the United States · 1909
- Peterson v. HaganWashington Supreme Court · 1960
- Jaques & Tinsley Co. v. Carstarphen Warehouse Co.Supreme Court of Georgia · 1908
77 more not listed; retrieve them via the Exa API.