Board of Health v. Cease
New York Supreme Court
On exceptions from circuit court, Delaware county. Motion for a new trial on case and exceptions, ordered to be heard in the first instance at the general term. The action was brought to recover $100, the amount of a fine imposed upon the defendant by the plaintiff for creating a nuisance in the town of Kortright, and violating the plaintiff’s health regulations.
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On exceptions from circuit court, Delaware county. Motion for a new trial on case and exceptions, ordered to be heard in the first instance at the general term. The action was brought to recover $100, the amount of a fine imposed upon the defendant by the plaintiff for creating a nuisance in the town of Kortright, and violating the plaintiff’s health regulations. On the trial the plaintiff offered to prove that it was duly organized upon the 14th day of February, 1885, and its proceedings which resulted in the imposition of such fine. The court excluded all the evidence offered by the…
1Opinion of the CourtMartin, J.
The nonsuit was granted, and the plaintiff’s evidence excluded, on the sole ground that the plaintiff had no legal existence, and consequently could not maintain this action. The trial court held that, although the plaintiff was duly constituted under the law as it stood at the time of the passage of chapter 270 of the Laws of 1885, yet, as that statute repealed the former statutes, the plaintiff’s legal existence was terminated. That "the former statutes were repealed, and the powers of the then existing boards of health were terminated, unless preserved by some saving clause contained in…
2Cases cited3 opinions
- McCluskey v. . CromwellNew York Court of Appeals · 1854
- Waller v. HarrisNew York Supreme Court · 1838
- Board of Health of Town of Brighton v. City of RochesterNew York Supreme Court · 1888
3Cited by1 opinion
- State v. JohnsonOregon Supreme Court · 1916