People ex rel. Cox v. Justices of the Court of Special Sessions
New York Supreme Court
Ceetioeaei to tlie Court of Special Sessions to review the conviction of the plaintiff in error of a misdemeanor. Wilson S. Wolf, for the plaintiff in error. The court can review all the evidence. (Mullin v. The People, 24 N. Y., 399.) The legislature cannot confer upon the board of health power to enact ordinances. (.People v. Albertson, 55 N. Y., 56; Corning v. Greene, 23 Barb., 53; Bacon v. Robertson, 18 How., 480.)
1Opinion of the Court
Daniels, J.;
The relator was tried, convicted and sentenced to imprisonment for the period of one month ib the penitentiary, for keeping and offering for sale watered and adulterated milk. The act charged against him was a violation of section 45 of the sanitary code, adopted and promulgated by the board of health of the city of New York. By that section of the code it was declared “ that no person shall have at any place where milk, butter or cheese is kept for sale, nor at any place offer or have for sale, nor shall any person bring or send to said city any unwholesome, watered or…
2Cases cited6 opinions
- People Ex Rel. Bolton v. . AlbertsonNew York Court of Appeals · 1873
- City of Brooklyn v. . BreslinNew York Court of Appeals · 1874
- Hart v. Mayor of AlbanyNew York Court of Chancery · 1831
- Leggett v. . HunterNew York Court of Appeals · 1859
- Corning v. GreeneNew York Supreme Court · 1856
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