Gardner v. . Board of Health of the City of New York

The judgment was affirmed upon the ground stated in the court below by the late Chief Justice OAKLEY, as follows: This action is brought against the Board of Health co nomine, treating them as a corporate body. The first question which arises is, is this board such a corporation. A very extended argument was gone into on both sides, as to the character, power and duties of the board. It is an old institution, but it received a separate and distinct organization by the Revised Statutes of 1830. Under this the common council had the power of appointing the members of the board, and by an…