Legal Opinion

People v. . Wendel

New York Court of Appeals

Decided February 22, 1916PublishedCited by 8 opinions

Appeal from a judgmerit of the Appellate Division of the Supreme Court in the first judicial department, entered October 22, 1915, which reversed a judgment of the Court of Special Sessions of the city of New York sustaining a demurrer to an information charging the defendant with a violation of section 337 of the Public Health Law.

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Appeal from a judgmerit of the Appellate Division of the Supreme Court in the first judicial department, entered October 22, 1915, which reversed a judgment of the Court of Special Sessions of the city of New York sustaining a demurrer to an information charging the defendant with a violation of section 337 of the Public Health Law. The appellant was charged in the Court of Special Sessions of New York city with having violated section 337 of the Public Health Law, as amended by chapter 414, Laws of 1914, by placing food, i. e., pigs’ feet, in a cold storage warehouse, and keeping the same…

1Opinion of the CourtCuddeback, J.

The determination of the Appellate Division overruling the defendant’s demurrer is appeal-able to this court. (People v. Hammerstein, 211 N. Y. 552.)

Counsel for the appellant contends that the amendment of April 17, 1914, made to section 337 of the Public Health Law does not apply to food in cold storage when the amendment took effect. To give it such application is to make the amendment retrospective in its operation, and that is contrary to the well-settled rule of statutory construction. (Rho des v. Sperry & Hutchinson Co., 193 N. Y. 223.)

As opposed to this contention, the district…

2Cases cited6 opinions

  1. Sohn v. WatersonSupreme Court of the United States · 1873
  2. New York & Oswego Midland Railroad v. Van HornNew York Court of Appeals · 1874
  3. Gilbert v. . AckermanNew York Court of Appeals · 1899
  4. Rhodes v. . Sperry Hutchinson Co.New York Court of Appeals · 1908
  5. Jaehne v. New YorkSupreme Court of the United States · 1888

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Conder v. GriffithIndiana Court of Appeals · 1916
  2. People v. DilliardAppellate Division of the Supreme Court of the State of New York · 1937
  3. Vandeweghe v. City of New YorkNew York Supreme Court · 1934
  4. People v. . BreslerNew York Court of Appeals · 1916
  5. Denkensohn v. Ridgway Apartments, Inc.Appellate Terms of the Supreme Court of New York · 1958

3 more not listed; retrieve them via the Exa API.

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