American Society for Prevention of Cruelty to Animals v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of New York, from a determination of the Appellate Term of the Supreme Court, First Department, entered' in the office of the clerk of the county of New York on the 10th day of November, 1922, affirming a judgment of the Municipal Court of the City of New York, Borough of Manhattan, First District, in favor of the plaintiff.
1Opinion of the Court
Merrell, J.:
The action was brought to recover the sum of fifty dollars, being the amount of a fine collected by the defendant upon a conviction for cruelty to animals under article 16 of the Penal Law. The action was tried in the Muncipal Court of the City of New York, borough of Manhattan. In the 3d paragraph of the answer, as amended upon the trial, it is claimed that the aforesaid article of the Penal Law is invalid and violates sections 9 and 10 of article 8 of the State Constitution. The fine sought to be recovered in this action was imposed under the aforesaid article of the Penal Law…
2Cases cited9 opinions
- Sun Printing & Publishing Ass'n v. Mayor of New YorkNew York Court of Appeals · 1897
- Davis v. American Society for Prevention of Cruelty to AnimalsNew York Court of Appeals · 1878
- Nicchia v. New YorkSupreme Court of the United States · 1920
- Fox v. Mohawk & Hudson River Humane SocietyNew York Court of Appeals · 1901
- Smith v. . SmytheNew York Court of Appeals · 1910
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Suss v. American Society for the Prevention of Cruelty to AnimalsDistrict Court, S.D. New York · 1993
- Renfro v. KeenCourt of Appeals of Tennessee · 1935
- Horsfall v. SchulerAppellate Division of the Supreme Court of the State of New York · 1926
- In re BlaikieAppellate Division of the Supreme Court of the State of New York · 1960
- People v. LinderCriminal Court of the City of New York · 1992
3 more not listed; retrieve them via the Exa API.