Stuyvesant v. Same
New York Supreme Court
In this the pleas were substantially the same as in the 3d cause. Judgment for the plaintiffs below, on general demurrer to all the above pleas, and joinder. The four causes, involving nearly the same points were argued together.
Read the full summary
In this the pleas were substantially the same as in the 3d cause. Judgment for the plaintiffs below, on general demurrer to all the above pleas, and joinder. The four causes, involving nearly the same points were argued together. There was no finding, or adjudication in the by-law passed by the defendants in error, that it was necessary to prevent the interment of the dead in the parts of the city to which the bylaw applied: nor is there any averment of necessity in the declaration. This is a fatal defect, both in the by-law and the declaration. The statute, (2 R. L. 445, s. 267,) under which…
1Opinion of the Court
Curia,
It was conceded by the counsel for the defendants in error) that the power of the corporation to pass the. by-law in question, must rest upon the statute of 1813, (2 R. L. 445, § 267,) which, for this purpose, supersedes the original charter of the city. The statute proyided that the defendants in error should have full power and authority to pass such by-laws as they, from time to time, should deem necessary and proper, for filling up and regulating grounds, yards and cellars, for filling up lots adjoining the rivers, for compelling bulk heads to be made, for filling up slips, for…
2Cases cited4 opinions
- Martin v. MottSupreme Court of the United States · 1827
- Corporation of Brick Presbyterian Church v. Mayor of New YorkNew York Supreme Court · 1826
- Fish v. DodgeNew York Supreme Court · 1847
- Persons v. ParkerNew York Supreme Court · 1848
3Cited by17 opinions
- Hart v. Mayor of AlbanyCourt for the Trial of Impeachments and Correction of Errors · 1832
- Cronin v. . People of the State of New YorkNew York Court of Appeals · 1880
- Ikelheimer v. Chapman's Adm'rsSupreme Court of Alabama · 1858
- Overman Silver Mining Co. v. CorcoranNevada Supreme Court · 1880
- People Ex Rel. A. Oakey Hall v. Board of SupervisorsNew York Court of Appeals · 1865
12 more not listed; retrieve them via the Exa API.