The Shepherd's Fold v. . Mayor, Etc., of N.Y.
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made November 9, 1882, .which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover the annual payments of $5,000 for the years 1875, 1876, 1877, 1878 and 1879, authorized by section 3, chapter 269, Laws of 1871. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made November 9, 1882, .which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover the annual payments of $5,000 for the years 1875, 1876, 1877, 1878 and 1879, authorized by section 3, chapter 269, Laws of 1871. The material facts are stated in the opinion. The provisions of the act of 1871 (Chap. 269) do not conflict with sections 10 and 11 of article 8 of the Constitution, prohibiting the giving of “ the…
1Opinion of the CourtRapallo, J.
The decision of the General Term is placed wholly on the ground that the money authorized to be raised by the act of 1871 (Chap. 269, § 3) was money of the State, and that consequently the constitutional amendment of 1874 (Art. 8, § 10) abrogated the authority granted to the supervisors of the county of Eew York to Taise such money by tax and to pay it over to the plaintiff. The conclusion reached is, that the money was illegally raised; that the direction to pay it to the plaintiff became void, being in violation of the fundamental law, and, therefore, no action could be maintained by the…
2Cases cited1 opinion
- People of the State of N.Y. v. . IngersollNew York Court of Appeals · 1874
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- Board of Trustees House of Reform v. City of LexingtonCourt of Appeals of Kentucky · 1901
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