People Ex Rel. McMullen v. Shepard
New York Court of Appeals
Appeal from the Supreme Court. The action was in the nature of a quo warranto, to test the constitutionality of the amendment to the Capital Police Act of 1865, by the Act of 1866, which provided for including the city of Schenectady within the district, together with four miles of intermediate territory within the lines of the New York Central Bailroad. The cause was tried at the Albany Circuit, before Mr. Justice Hogeboom, who gave judgment for the Defendants.
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Appeal from the Supreme Court. The action was in the nature of a quo warranto, to test the constitutionality of the amendment to the Capital Police Act of 1865, by the Act of 1866, which provided for including the city of Schenectady within the district, together with four miles of intermediate territory within the lines of the New York Central Bailroad. The cause was tried at the Albany Circuit, before Mr. Justice Hogeboom, who gave judgment for the Defendants. The judgment was unanimously affirmed by the Judges of the Third Judicial District, and the Plaintiffs appealed to this Court. The…
1Opinion of the CourtPoeteb, J.
Most of the questions raised on the present appeal were disposed of ten years since, in the case of The People on the relation of Fernando Wood v. The Metropolitan Police Commissioners (15 N. Y. 532). They were discussed on that occasion with memorable ability, as well in the forensic arguments as in the opinions delivered by the Com't; and the result was an exposition of the Constitution in this regard, by which every citizen is bound.
Certain propositions are dedueible from that decision, which essentially narrow the range of the present discussion.
1. It is within the constitutional…
2Cases cited3 opinions
- The People v. . Simeon DraperNew York Court of Appeals · 1857
- Holmes v. . CarleyNew York Court of Appeals · 1865
- Brundage v. BrundageNew York Court of Appeals · 1875
3Cited by23 opinions
- People Ex Rel. Metropolitan Street Railway Co. v. State Board of Tax CommissionersNew York Court of Appeals · 1903
- Ex parte CorlissNorth Dakota Supreme Court · 1907
- Arnett v. State, ex rel. DonohueIndiana Supreme Court · 1907
- State ex rel. City of Terre Haute v. KolsemIndiana Supreme Court · 1891
- State ex rel. Law v. BlendIndiana Supreme Court · 1890
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