Colon v. . Lisk
New York Court of Appeals
Appeal, by certification, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 26, 1897, and from an interlocutory judgment entered upon the decision of that court reversing an interlocutory judgment entered upon the decision of a Special Term, and sustaining the plaintiffs’ demurrer to so much of the answer as set up chapter 383 of the Laws of 1896 as a defense herein.
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Appeal, by certification, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 26, 1897, and from an interlocutory judgment entered upon the decision of that court reversing an interlocutory judgment entered upon the decision of a Special Term, and sustaining the plaintiffs’ demurrer to so much of the answer as set up chapter 383 of the Laws of 1896 as a defense herein. The appeal was taken by leave of the Appellate Division, which certified the following questions of law for review: “ Fwst, whether the affirmative defense alleged in…
1Opinion of the CourtMartin, J.
The correctness of the judgment of the court below is dependent upon the power of the legislature to enact the statute under which the defendants seek to justify their seizure of the property in question. It is practically conceded that if the statute is valid, it justified the acts of the defendants and the allegations of their answer are sufficient to constitute a defense. The validity of this statute is challenged, and the general question arises whether it falls within the inhibition of any of the provisions of either the Federal or State Constitution. The constitutional limitations…
2Cases cited16 opinions
- Lawton v. SteeleSupreme Court of the United States · 1894
- Matter of Application of JacobsNew York Court of Appeals · 1885
- People v. . GillsonNew York Court of Appeals · 1888
- Wynehamer v. . the PeopleNew York Court of Appeals · 1856
- Health Department v. Rector of Trinity ChurchNew York Court of Appeals · 1895
11 more not listed; retrieve them via the Exa API.
3Cited by101 opinions
- Ives v. South Buffalo Railway Co.New York Court of Appeals · 1911
- People Ex Rel. Alpha Portland Cement Co. v. KnappNew York Court of Appeals · 1920
- People v. One 1941 Chevrolet CoupeCalifornia Supreme Court · 1951
- People Ex Rel. Rodgers v. . ColerNew York Court of Appeals · 1901
- People v. . HawkinsNew York Court of Appeals · 1898
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