Daily Register Printing & Publishing Co. v. Mayor
New York Supreme Court
Appeal from special term, New York county. Action -by the Daily Register Printing & Publishing Company against the mayor, aldermen, and commonalty of the city of New York, and the New York Law Journal Publishing Company. Plaintiff appeals from an order overruling its demurrer to the answer. For opinion rendered at special term, see 3 N. Y. Supp. 669; Const.
Read the full summary
Appeal from special term, New York county. Action -by the Daily Register Printing & Publishing Company against the mayor, aldermen, and commonalty of the city of New York, and the New York Law Journal Publishing Company. Plaintiff appeals from an order overruling its demurrer to the answer. For opinion rendered at special term, see 3 N. Y. Supp. 669; Const. N. Y. art. 6, § 10, provides that the judges of the court of appeals and the justices of the supreme court shall not hold any other office or public trust.
1Opinion of the CourtBarrett, J.
The main question presented by the demurrer in this case is whether the power of designation conferred upon the judicial officers specified in chapter 656 of the Laws of 1874 is or is not continuous. The plaintiff insists that such power was exhausted by a single exercise, while the defendants contend that the power is continuous. Both parties concede that the act in question contemplates a permanent system. There is in fact nothing transient in its character,—nothing suggestive of a temporary exigency. It is entitled “An act in relation to the publication of judicial proceedings and legal…
2Cases cited4 opinions
- People Ex Rel. Brown v. WoodruffNew York Court of Appeals · 1865
- Cox v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1886
- Bergen v. . PowellNew York Court of Appeals · 1884
- Weed v. . TuckerNew York Court of Appeals · 1859
3Cited by2 opinions
- People ex rel. Union & Advertiser Co. v. Board of SupervisorsNew York Supreme Court · 1891
- In re the Application for the Removal of RuppNew York Supreme Court · 1899