Legal Opinion

Smith v. Lockwood & Wood

New York Supreme Court

Decided June 7, 1852PublishedCited by 27 opinions

Demurrer to complaint. The action was commenced under the statute of 1847, regulating state prison labor. Its object was to restrain within statutory limits the manufacture of saws in the state prison at Sing Sing. The plaintiffs sued on their own behalf, as well as on behalf of all others, journeymen saw-makers, or saw-makers, having an interest in common with them, and who should come in and contribute to the expenses of the suit.

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Demurrer to complaint. The action was commenced under the statute of 1847, regulating state prison labor. Its object was to restrain within statutory limits the manufacture of saws in the state prison at Sing Sing. The plaintiffs sued on their own behalf, as well as on behalf of all others, journeymen saw-makers, or saw-makers, having an interest in common with them, and who should come in and contribute to the expenses of the suit. The complaint alledged that the defendant Munson I. Lockwood was the agent of the state prison at Sing Sing; and that as such agent he had entered into a written…

1Opinion of the CourtS. B. Strong, J.

The plaintiffs are journeymen saw-makers in the city of Ncw-York, and have instituted this suit in behalf *215of themselves and all others following their employment in this state. They alledge in their complaint that the defendant Lockwood has made a contract with the defendant Wood, for the employment of the convicts in the state prison at Sing Sing, of which 'Lockwood is the agent, in the business of manufacturing steel saws, contrary to the provisions of the act of December 14th, 1847, for the better regulation of the county and state prisons of the state; that at the time of making the…

2Cases cited2 opinions

  1. Mayor of Hudson v. ThorneNew York Court of Chancery · 1838
  2. Butler v. KentNew York Supreme Court · 1821

3Cited by27 opinions

  1. Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
  2. State ex rel. Lewis v. WilliamsSupreme Court of Kansas · 1888
  3. Baxter v. BrooksSupreme Court of Arkansas · 1874
  4. Empire City Subway Co. v. Broadway & S. A. RailroadNew York Supreme Court · 1895
  5. Wiley v. StarbuckIndiana Supreme Court · 1873

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