The People v. . the Supervisors of Chenango
New York Court of Appeals
These causes came before this court on writs of error to the supreme court in the sixth district. The board of supervisors of Chenango, at the annual meeting held on the second Monday of November, 1851, refused to issue warrants for the collection of the tax provided by the seventeenth section of the “ Act for the enrollment of the militia, &c.,” passed April 16, 1851. On the application of the relators, in each action, writs of alternative mandamus were issued to the board…
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These causes came before this court on writs of error to the supreme court in the sixth district. The board of supervisors of Chenango, at the annual meeting held on the second Monday of November, 1851, refused to issue warrants for the collection of the tax provided by the seventeenth section of the “ Act for the enrollment of the militia, &c.,” passed April 16, 1851. On the application of the relators, in each action, writs of alternative mandamus were issued to the board of supervisors, requiring it to reassemble and cause the military roll of the towns within each of the relators’…
1Opinion of the CourtWillard, J.
—The plaintiffs in error insist that the ac of April 16, 1851, entitled an act for the enrollment of the militia, &e., is unconstitutional, both in the mode in which it was passed, and in its subject matter, apparent on the face of the act. If either of these grounds be established, the judgment of the court below should be reversed.
The objection on the score of form is divided into three heads; 1st. The question on the final passage of the act was not taken by ayes and noes. 2d. The ayes and noes were not duly entered upon the journal; and 3d. Three
fifths of all the members elected to the…
2Cases cited5 opinions
- People ex rel. Case v. CollinsNew York Supreme Court · 1837
- People v. AllenNew York Supreme Court · 1831
- People v. Supervisors of the County of ColumbiaNew York Supreme Court · 1833
- Thomas v. DakinNew York Supreme Court · 1839
- Hunt v. Van AlstyneNew York Supreme Court · 1841
3Cited by39 opinions
- The People v. . Fire Association of Phil'A.New York Court of Appeals · 1883
- Division of Howard CountySupreme Court of Kansas · 1875
- Amos v. MosleySupreme Court of Florida · 1917
- In Matter of City of BuffaloNew York Court of Appeals · 1879
- Browne v. City of New YorkNew York Court of Appeals · 1925
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