Legal Opinion

Stryker v. Mayor

New York Supreme Court

Decided August 15, 1821PublishedCited by 5 opinions

IN ERROR, on certiorari, to a Justice’s Court. The Mayor, Aldermen, and Commonalty of the city of New-York, brought an action of debt against Stryker, before one of the assistant justices of the city of New-York, to recover a penalty of fifty dollars, for breach of an ordinance of the corporation of New-York, in acting as a public measurer of grain, within the city and county of New-York, without being licensed. The defendant demanded a trial by jury.

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IN ERROR, on certiorari, to a Justice’s Court. The Mayor, Aldermen, and Commonalty of the city of New-York, brought an action of debt against Stryker, before one of the assistant justices of the city of New-York, to recover a penalty of fifty dollars, for breach of an ordinance of the corporation of New-York, in acting as a public measurer of grain, within the city and county of New-York, without being licensed. The defendant demanded a trial by jury. A I • 1 • , , , At the trial, it was proved that the defendant, who was a licensed measurer of the village of Brooklyn, measured grain on board…

1Per curiam

This case is clearly distinguishable from that of Udall v. The Village of Brooklyn, just decided. The city and county of New-York includes the whole of the rivers and harbour, to actual low water mark, on the opposite shores; and although permanent , erections, such as wharves and store-houses, may, from time to time, vary the line of jurisdiction, yet it cannot be allowed that Brooklyn is to be extended by means of a floating vessel in the river. *181although she may be fastened to the dock. The vessel, in this case, was in the city of New-York; and the defendant below was not licensed there, to…

2Cited by5 opinions

  1. Atlantic Dock Co. v. City of BrooklynNew York Court of Appeals · 1867
  2. New York Dock Co. v. Flinn-O'Rourke Co.New York Supreme Court · 1923
  3. Clement v. BurnsSupreme Court of New Hampshire · 1862
  4. Atlantic Dock Co. v. City of BrooklynNew York Court of Appeals · 1867
  5. People v. PrillenAppellate Division of the Supreme Court of the State of New York · 1902

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