Cronin v. . People of the State of New York
New York Court of Appeals
Error to the General Term of the Supreme Court in the third judicial department to review order affirming order of the Court of Sessions, in and for the county of Albany, which overruled a demurrer to an indictment. (Reported below, 20 Hun, 137.) The nature of the indictment and the facts appear sufficiently in the opinion. In passing the ordinance the common council exceeded its powers, and it is inoperative and void. (Mayor, etc., v. Thorn, 7 Paige, 261-263 ; Met.
Read the full summary
Error to the General Term of the Supreme Court in the third judicial department to review order affirming order of the Court of Sessions, in and for the county of Albany, which overruled a demurrer to an indictment. (Reported below, 20 Hun, 137.) The nature of the indictment and the facts appear sufficiently in the opinion. In passing the ordinance the common council exceeded its powers, and it is inoperative and void. (Mayor, etc., v. Thorn, 7 Paige, 261-263 ; Met. Bd. of Health v. Schmades, 10 Abb. [N. S.] 205 ; Mayor, etc., v. Rood, Lalor’s Sup. 146 ; Charter of Albany, 58, §§ 12, 13; Laws…
1Opinion of the CourtFinch, J.
The plaintiff in error was indicted in the Court of Sessions of the county of Albany for slaughtering cattle in violation of an ordinance of the common council of that city, which forbids such act within certain prescribed limits, specifically named and described, and directs in the interest of health and cleanliness the manner of conducting such business in the localities from which it is not excluded. Penalties are imposed by the ordinance for its violation, which may be recovered in a civil action, or by prosecution as for a criminal offense.
The legislature in 1871 made such violation of a…
2Cases cited3 opinions
- Martin v. MottSupreme Court of the United States · 1827
- Stuyvesant v. SameNew York Supreme Court · 1827
- Bush v. SeaburyNew York Supreme Court · 1811
3Cited by55 opinions
- Reinman v. City of Little RockSupreme Court of the United States · 1915
- Lombardo v. City of DallasTexas Supreme Court · 1934
- Village of Carthage v. . FrederickNew York Court of Appeals · 1890
- Lincoln Trust Co. v. Williams Building Corp.New York Court of Appeals · 1920
- City of Rochester v. . WestNew York Court of Appeals · 1900
50 more not listed; retrieve them via the Exa API.