McGrath v. Grout
New York Supreme Court
Motion to continue, pendente lite, a temporary injunction restraining the defendant from paying the salaries of the sheriff, county clerk and register of the county of Bangs.
1Opinion of the CourtMaddox, J.
This is a taxpayer’s action and plaintiff contends that chapters 704, 705 and 706 of the Laws of 1901 are special city laws and that, not having been again passed by the Legislature after a nonacceptance by the mayor of the city, as required by section 2 of article XII of the Constitution, are, hence, invalid and not constitutional enactments.
The presumption that the Legislature complied with all constitutional requirements, like that of the constitutionality of an enactment, obtains and must prevail until the contrary be conclusively established and that question should not be determined…
2Cases cited3 opinions
- Demarest v. Mayor of New YorkNew York Court of Appeals · 1895
- People ex rel. Crane v. TaylorNew York Supreme Court · 1896
- Schoenberg v. TaylorAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- Schieffelin v. BerryAppellate Division of the Supreme Court of the State of New York · 1926
- Schieffelin v. BerryNew York Supreme Court · 1926